Digitized  by  the  Internet  Archive 
in  2013 


http://archive.org/details/charterofcityofbOOdurs 


I£x  ICthrta 


SEYMOUR  DURST 


"t '  'Tort  nieduo  ^itnfltrdam,  ojr  Je  JAanhntan^ 


FORT   NEW  AMSTERDAM. 


"When  you  leave,  please  leave  this  book 

Because  it  has  been  said 
"Sver'thing  comes  t'  him  who  waits 

Except  a  loaned  book." 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


CHARTER 

I 


OF  THE 


CITY  OF  BROOKLYN. 


Passed  April  17,  1854— to  take  effect  January  1,  1855. 


WILLI  AMSBURGH  : 

L.    D ARB EE    &    SON,    BOOK    AND    JOB  PRINTERS, 
146  Fourth  Street,  corner  of  South  First. 

18  5  4. 


.Att 


AN  ACT 

TO  CONSOLIDATE  THE  CITIES  OF  BROOKLYN  AND  WILLI AMSBURGH 
AND  THE  TOWN  OF  BUSH  WICK  INTO  ONE  MUNICIPAL  GOV- 
ERNMENT, AND  TO  INCORPORATE  THE  SAME . 


Passed  April  17,  1854,  three-fifths  being  present 


The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows  : 

TITLE  I. 

BOUNDARIES  OF  WARDS. 

Section  1.  All  that  part  of  the  county  of  Kings  at  present  km  m  Boundaries, 
as  the  cities  of  Brooklyn  and  Williamsburgh  and  the  town  of  Bush- 
wick,  and  which  is  bounded  easterly  by  the  town  of  Newtown,  Q,ueens 
county,  south  by  the  towns  of  New  Lots,  Flatbnsh  and  New  Utrecht, 
and  west  by  the  town  of  New  Utrecht  and  the  bay  of  New  York, 
and  north  by  the  East  river,  shall  be  united  into  one  municipal 
corporation,  to  be  known  and  called  the  City  of  Brooklyn. 

§  2.  The  First  ward  of  the  said  city  shall  comprise  the  following  First  ward, 
district,  viz  :  Beginning  at  a  point  on  Atlantic  street  where  the  cen- 
ter lines  of  Atlantic  and  Hicks  streets  intersect  each  other,  and  running 
thence  westerly  along  the  center  of  Atlantic  street  and  a  Jine  in  con- 
tinuation thereof  to  the  East  river  ;  thence  northeasterly  along  the 
East  river  to  a  point  opposite  the  center  of  Fulton  street,  or  a  line  in 
continuation  thereof;  thence  southeasterly  along  the  center  of  Fulton 
street  to  the  center  of  Hicks  street ;  and  thence  southerly  along  the 
center  of  Hicks  street  to  the  place  of  beginning. 

§  3.  The  Second  ward  of  said  city  shall  comprise  ihe  following  dis-Spcond 
trict,  viz  :  Beginning  at  a  point  on  the  East  river  at  the  center  linewa  d' 
of  Fulton  street  continued,  and  running  thence  southeasterly  along 
the  center  of  Fulton  street  to  a  point  opposite  the  center  of  Sands 
street ;  theuce  easterly  along  the  center  of  Sands  street  to  the  center 
of  Bridge  street  ;  thence  northerly  along  the  center  of  Bridge  street 
and  a  line  in  continuation  thereof  to  the  East  river;  and  theuce 
westeriy  along  the  East  river  to  the  place  of  beginning. 

§  4.  The  Third  ward  of  said  city  shall  comprise  the  following  dis- Thi  d  ward 
trict,  viz  :  Beginning  at  a  point  on  Fulton  street  where  the  center 
lines  of  Fulton  street  and  Hicks  street  intersect  each  other,  and  run- 
ning thence  southeasterly  along  the  center  of  Fulton  street  and  Fulton 
avenue  to  the  center  of  Boerum  street ;  thence  southerly  along  the 
center  of  Boerum  street  to  the  center  of  Atlantic  street  ;  thence  west- 
erly along  the  center  of  Atlantic  street  to  the  center  of  Hicks  street ; 
and  thence  northerly  along  the  center  of  Hicks  street  to  the  place  of 
beginning. 


4 


Fourth  ward.  §  5.  The  Fourth  ward  of  the  said  city  shall  comprise  the  following 
district,  viz  :  Beginning  at  a  point  where  the  center  lines  of  S.inds 
street  and  Fulton  street  intersect  each  other,  and  running  thence 
easterly  along  the  center  of  Sands  stieet  to  the  center  of  Bridge  street ; 
thence  southerly  along  the  center  of  Bridge  street  to  the  center  of 
Fulton  avenue  ;  and  thence  northwesterly  along  the  center  of  Fulton 
avenue  and  Fulton  street  to  the  place  of  beginning. 

Fifth  ward.  §  6.  The  Fifth  ward  of  said  city  shall  comprise  the  following  dis- 
trict, viz  :  Beginning  at  a  point  where  the  center  lines  of  Bridge 
street  and  Johnson  street  intersec4  each  other,  and  running  thence 
easterly  along  the  center  of  Johnson  street  to  the  center  of  Navy 
street;  thence  northerly  along  the  center  of  Navy  street  to  the  north- 
erly side  of  Nassau  street ;  thence  easterly  along  Nassau  street  to  the 
southwesterly  corner  of  the  United  States  navy  yard  ;  thence  north- 
erly, northwesterly  and  northeasterly  along  the  United  States  navy 
yard  to  the  East  river ;  thence  westerly  along  the  East  river  to  a 
point  on  the  continuation  of  the  center  line  of  Bridge  street  ;  thence 
southerly  along  the  center  of  Bridge  street  to  the  place  of  beginning, 

Sixth  ward.  §  7.  The  Sixth  ward  of  said  city  shall  comprise  the  following  dis- 
trict, viz  :  Beginning  on  the  East  river,  at  the  center  of  Atlantic 
street;  thence  easterly  along  the  center  of  Atlantic  street  to  the 
center  of  Court  street ;  thence  along  the  center  of  Court  street  to  the 
center  of  Fourth  place  ;  thence  westerly  along  the  center  of  Fourth 
place  to  the  center  of  Henry  street ;  thence  southeasterly  along  the 
center  of  Henry  street  to  the  center  of  Coles  street ;  thence  westerly 
along  the  center  of  Coles  street  to  the  center  of  Hamilton  avenue  ; 
thence  along  the  center  of  Hamilton  avenue  to  the  East  river ; 
thence  along  the  East  river  to  the  place  of  beginning. 

Seventh  §  8.  The  Seventh  ward  of  said  city  shall  comprise  the  following 
district,  viz  :  Beginning  at  a  point  formed  by  the  intersection  of  the 
center  lines  of  Washington  avenue  and  Atlantic  avenue,  and  running 
thence  easterly  along  the  center  of  Atlantic  avenue  to  the  center  of 
Bedford  avenue  ;  and  thence  northerly  along  the  center  of  Bedford 
avenue  to  the  center  of  De  Kalb  avenue  ;  thence  easterly  along  the 
center  of  De  Kalb  avenue  to  the  center  of  Nostrand  avenue ;  thence 
northerly  along  the  center  of  Nostrand  avenue  to  the  center  of 
Flushing  avenue  ;  thence  easterly  along  the  center  of  Flushing  ave- 
nue to  the  center  of  Division  avenue  ;  thence  northwesterly  along 
the  center  of  Division  avenue  to  the  intersection  of  South-Sixth  street, 
in  the  city  of  Williamsburgh  ;  thence  westerly  along  the  line  of  the 
city  of  Williamsburgh  to  the  Wallabout  bay ;  thence  southerly  along 
the  Wallabout  bay  to  the  center  of  Washington  avenue  ;  and  thence 
southerly  along  the  center  of  Washington  avenue  to  the  place  of 
beginning. 

Eighth  §  9.  The  Eighth  ward  of  said  city  si i all  comprise  the  following 

wurd-  district,  viz  :  Beginning  at  a  point  where  the  center  lines  of  Flat- 
bush  avenue  and  Fifth  avenue  intersect,  and  running  thence  south- 
easterly along  the  center  of  Flatbush  avenue  to  the  line  of  the  town 
of  Flatbush  ;  thence  southwesterly  along  said  Flatbush  line  to  the 
line'of  the  town  of  New  Utrecht  ;  thence  southwesterly  along  said 


5 

i 

line,  crossing  a  highway  called  Martense's  lane  ;  thence  southwesterly 
along  said  line  to  the  southerly  boundary  of  said  city  of  Brooklyn  ; 
thence  northwesterly  along  the  line  of  New  Utrecht  to  the  bay  of 
New  York  ;  thence  northeasterly  along  the  said  bay  and  along  Gow- 
anus  bay  to  the  center  line  of  First  avenue  ;  thence  northeasterly 
along  the  center  of  First  avenue  to  the  center  of  Fifth  street  ;  thence 
southeasterly  along  the  center  of  Fifth  street  to  the  center  of  Second 
avenue  ;  thence  northeasterly  along  the  center  of  Second  avenue  to 
First  street ;  thence  southeasterly  along  the  center  of  First  street 
to  Fifth  avenue ;  thence  northerly  along  the  center  of  Fifth  ave- 
nue to  the  place  of  beginning. 

HO.  The  Ninth  ward  of  said  city  shall  comprise  the  following  dis-  -NTinth  ward- 
trict,  viz  :  Beginning  at  a  point  where  the  center  lines  of  Atlantic 
street  and  Flatbush  avenue  intersect  each  other,  and  running  thence 
southeasterly  along  the  center  of  Flatbush  avenue  to  the  line  of  the 
town  of  Flatbush ;  thence  easterly  along  said  line  and  along  the  line 
of  the  town  of  New  Lots  to  the  center  of  Division  avenue  ;  thence 
northwesterly  along  the  center  of  Division  avenue  to  the  center  of 
Flushing  avenue ;  thence  westerly  along  the  center  of  Flushing 
avenue  to  the  center  of  Ncstrand  avenue  ;  thence  southerly  along 
the  center  of  Nostrand  avenue  to  the  center  of  De  Kalb  avenue  ; 
thence  westerly  along  the  center  of  De  Kalb  avenue  to  the  center  of 
Bedford  avenue ;  thence  southerly  along  the  center  of  Bedford 
avenue  to  the  center  of  Atlantic  avenue  ;  thence  westerly  and  north- 
westerly along  the  center  of  Atlantic  street  and  Atlantic  avenue  to 
the  place  of  beginning. 

§11.  The  Tenth  ward  of  said  city  shall  comprise  the  following  dis-  Tenth  ward, 
trict,  viz.  :  Beginning  at  a  point  formed  by  the  intersection  of  the 
center  of  Boerum  and  Fulton  streets ;  thence  easterly  along  the 
center  of  Fulton  street  and  Fulton  avenue  to  the  intersection  of  Ful- 
ton avenue  and  Flatbush  avenue  ;  thence  southerly  along  the  center 
of  Flatbush  avenue  to  the  center  of  Fifth  avenue  ;  thence  southerly 
along  the  center  of  Fifth  avenue  to  the  center  of  First  street ;  thence 
northwesterly  along  the  center  of  First  street  to  the  center  of  Second 
avenue;  thence  southwesterly  along  the  center  of  Second  avenue  to 
the  center  of  Fifth  street  ;  thence  westerly  along  the  center  of  Fifth 
street  to  the  center  of  Smith  street ;  thence  southerly  along  the 
center  of  Smith  street  to  the  center  of  Fourth  place ;  thence  westerly 
along  the  center  of  Fourth  place  to  the  ce.iter  of  Court  street ; 
thence  along  the  center  of  Court  street  to  the  center  of  Atlantic 
street ;  thence  along  the  center  of  Atlantic  street  to  the  center  of 
Boerum  street ;  thence  northeasterly  along  the  center  of  Boerum 
street  to  the  place  of  beginning. 

§  12.  The  Eleventh  ward  of  said  city  shall  comprise  the  following  Eirvemh 
district,  viz  :  Beginning  at  a  point  where  the  cen  er  lines  of  Fulton  ward' 
avenue  and  Bridge  street  intersect  each  other;  thence  running  norih- 
erly  along  the  center  of  Bridge  street  to  the  center  of  Johnson  street ; 
thence  easterly  along  the  center  of  Johnson  street  to  the  center 
of  Navy  street ;  thence  northerly  along  the  center  of  Navy  street  to 
the  center  of  Nassau  ptreet ;  thence  easterly  along  Nassau  street  to 


6 

■ 

the  southeasterly  corner  of  the  United  States  navy  yard  ;  thence 
northerly  along  the  same  to  the  East  river  ;  thence  easterly  along 
the  East  river  and  the  Wallabout  bay  to  the  center  of  Washington 
avenue,  or  a  line  in  continuation  thereof ;  thence  southerly  along  the 
center  of  Washington  avenue  to  the  center  of  Atlantic  avenue  ; 
thence  westerly  and  northwesterly  along  the  center  of  Atlantic  ave- 
nue and  Atlantic  street  to  a  point  where  the  central  lines  of  Atlantic 
street  and  Flatbush  avenue  intersect  each  other;  thence  northwest- 
erly along  the  center  of  Flatbush  avenue  to  the  center  of  Fulton 
avenue,  and  from  thence  westerly  along  the  center  of  Fulton  avenue 
to  the  place  of  beginning. 

Twelfth  §  13.  The  Twelfth  ward  of  said  city  shall  comprise  the  following 
district,  viz  :  Beginning  in  the  East  river  on  the  center  line  of  Hamil- 
ton avenue  ;  thence  southerly  along  the  center  of  Hamilton  avenue  to 
the  center  of  Coles  street ;  thence  southeasterly  along  the  center  of 
Coles  street  to  the  center  of  Henry  street  ;  thence  northerly  along  the 
center  of  Henry  street  to  the  center  of  Fourth  place ;  thence  south- 
easterly along  the  center  of  Fourth  place  to  the  center  of  Smith  street ; 
thence  northerly  along  the  center  of  Smith  street  to  the  center  of  Fifth 
street ;  thence  southeasterly  along  the  center  of  Fifth  street  to  the 
center  of  First  avenue  ;  thence  southwesterly  along  the  center  of  First 
avenue  to  Gowanus  bay  ;  thence  along  the  Gowanus  bay  and  East 
river  to  the  place  of  beginning. 

Thirteenth  §  ^4  The  Thirteenth  ward  of  said  city  shall  comprise  the  following 
district,  viz  :  Beginning  at  the  permanent  water  line  on  the  easterly 
side  of  the  East  river,  where  the  same  would  be  intersected  by  the 
dividing  line  between  the  cities  of  Brooklyn  and  Williamsburgh  ; 
thence  running  in  an  easterly  direction  along  the  said  dividing  line  to 
the  center  of  Ninth  street  and  its  intersection  with  said  line  ;  thence 
in  a  northeasterly  direction  along  the  center  of  Ninth  street  to  the 
center  of  the  intersection  of  Ninth  and  Grand  streets  ;  thence  in  a 
northwesterly  direction  along  the  center  of  Grand  street  to  the  perma- 
nent line  of  the  East  river  ;  thence  southwesterly  along  the  permanent 
line  of  the  East  river  to  the  dividing  line  between  the  cities  of  Brook- 
lyn and  Williamsburgh,  the  place  of  beginning. 

Fourteenth  §15.  The  Fourteenth  ward  of  said  city  shall  comprise  the  follow- 
ing  district,  viz  :  Beginning  at  the  easterly  permanent  line  of  the  East 
river,  where  the  same  would  be  intersected  by  a  line  drawn  through 
the  center  of  Grand  street ;  thence  ruuning  in  a  southeasterly  direc- 
tion along  the  center  of  Grand  street  to  the  center  of  the  intersection 
of  Grand  and  Ninth  streets  ;  thence  in  a  northeasterly  direction  along 
the  center  of  Ninth  street  to  the  center  of  the  intei  section  of  North- 
Second  and  Ninth  streets;  thence  in  an  easterly  direction  along  the 
center  of  North-Second  street  to  the  center  of  the  intersection  of  North- 
Second  street  and  Union  avenue  ;  thence  in  a  northerly  direction 
along  the  center  of  Union  avenue  to  the  center  of  the  intersection  of 
Union  avenue  by  Fifth  street  ;  thence  in  a  northeasterly  direction 
along  the  center  of  Fifth  street  to  the  center  of  the  intersection  of 
North-Fourteenth  street  by  Fifth  street ;  thence  in  a  northwesterly 
direction  along  the  center  of  North-Fourteenth  street  to  the  center  of 


7 


the  intersection  of  North-Fourteenth  and  First  streets  ;  thence  in  a 
southwesterly  direction  along  the  center  of  First  stieet  to  the  center 
of  the  intersection  of  First  and  North-Thirteenth  streets  ;  thence  in  a 
northwesterly  direction  along  the  center  of  North-Thirteenth  street  to 
the  easterly  permanent  line  of  the  East  river  ;  thence  in  a  southwest- 
erly direction  along  the  easterly  permanent  line  of  the  East  river  to 
the  center  of  Grand  street,  the  place  of  beginning. 

§  16  The  Fifteenth  ward  of  said  city  shall  comprise  the  following  Fifteenth 
district,  viz:  Beginning  at  the  center  of  the  intersection  of  South-  wu,d- 
Second  and  Ninth  streets  ;  thence  running  in  a  southeasterly  direction 
along  the  center  of  South-Second  street  to  the  center  of  the  intersection 
of  South  Second  street  by  Union  avenue  ;  thence  in  a  northerly  direc- 
tion along  the  center  of  Union  avenue  to  the  cenler  of  the  intersection 
of  WyekofF  street  by  Union  avenue  ;  thence  in  an  easterly  direction 
along  the  center  of  Wyckofl*  street  to  the  center  of  the  intersection  of 
Wyckoff  street  and  Bushwick  avenue  ;  thence  in  a  northwesterly  di- 
rection along  the  center  of  Bushwick  avenue  to  the  cen'er  of  the 
intersection  of  Bushwick  avenue  and  North-Second  street  :  thence  in 
a  westerly  direction  along  the  center  of  North-Second  street  to  the 
center  of  the  intersection  of  North-Second  street  and  Smith  street ; 
thence  in  a  northerly  direction  along  the  center  of  Smith  street  to  the 
center  of  the  intersection  of  Smith  street  and  Richardson  street;  thence 
in  a  westerly  direction  along  the  center  of  Richardson  street  to  the 
center  of  the  intersection  of  Richardson  and  Leonard  streets  ;  thence 
in  a  northerly  direction  along  the  center  of  Leonard  street  to  the  center 
of  the  intersection  of  Leonard  and  Van  Pelt  streets  ;  thence  in  a  west- 
erly direction  along  the  center  of  Van  Pelt  street  to  the  center  of  the 
intersection  of  Van  Pelt  street  by  Fifth  street ;  thence  in  a  south- 
westerly direction  along  the  center  of  Fifth  street  to  the  center  of  the 
intersection  of  Union  avenue  by  Fifth  street;  thence  in  a  southerly 
direction  along  the  center  of  Union  avenue  to  the  center  of  the  inter- 
section of  Union  avenue  and  North-Second  street ;  thence  in  a  west- 
erly direction  along  the  center  of  North-Second  street  to  the  center  of 
the  intersection  of  Ninth  street  by  North-Second  street ;  thence  in  a 
southwesterly  direction  along  the  center  of  Ninth  street  to  the  inter- 
section of  Ninth  and  South-Second  streets,  the  place  of  beginning. 

§17.  The  Sixteenth  ward  of  said  city  shall  comprise  the  following  sixteenth 
district,  viz  :  Beginning  at  the  intersection  of  Ninth  street  and  the  ward- 
dividing  line  between  the  cities  of  Brooklyn  and  Williamsburgh ; 
thence  running  in  a  southeasterly  direction  along  the  said  dividing 
line  to  the  intersection  with  the  center  of  the  Brooklyn  and  New- 
town turnpike  ;  thence  in  an  easterly  direction  along  the  center  of 
said  turnpike  to  the  center  of  its  intersection  with  Bushwick  avenue ; 
thence  in  a  northerly,  northwesterly  and  northeasterly  direction  along 
the  center  of  Bushwick  avenue  to  the  center  of  the  intersection  of 
Wyckoff  street  and  Bushwick  avenue ;  thence  westerly  along  the 
center  of  Wyckoff  street  to  the  center  of  the  intersection  of  Wyckoff 
street  by  Union  avenue  ;  thence  in  a  southerly  direction  along  the 
center  of  Union  avenue  to  the  center  of  the  intersection  of  South- 
Second  street  by  Union  avenue ;  thence  in  a  northwesterly  direc- 


8 


tion  along  the  center  of  South-Second  slreet  to  the  center  of  the 
intersection  of  Sou! h -Second  and  Ninth  streets;  thence  in  a  souJh- 
westerly  direction  to  the  center  of  the  intersection  of  Ninth  street 
and  the  dividing  line  between  the  cities  of  Brooklyn  and  Williams- 
burgh,  the  place  of  beginning. 
Seventeenth  ^  18.  The  Seventeenth  ward  of  said  city  shall  comprise  the  follow- 
ing  district,  viz  :  Beginning  at  the  easterly  permanent  line  of  the 
East  river,  where  the  same  would  be  intersected  by  a  line  drawn 
through  the  center  of  North-Thirteenth  street ;  thence  running  in  a 
southeasterly  direction  along  the  center  of  North-Thirteenth  street  to 
the  center  of  the  intersection  of  North-Thirteenth  and  First  streets ; 
thence  northeasterly  along  the  center  of  First  street  to  the  center  of 
the  intersection  of  North-Fourteenth  and  First  streets ;  thence  in  a 
northeasterly  direction,  along  the  center  of  North-Fourteenth  street  to 
the  center  of  the  intersection  of  North-Fourteenth  street  by  Fifth 
street ;  thence  along  the  center  of  Fifth  street,  in  a  northeasterly 
direction,  to  the  center  of  the  intersection  of  Van  Pelt  street  by  Fifth 
street  ;  thence  in  an  easterly  direction  along  the  center  of  Van  Pelt 
street  to  the  center  of  the  intersection  of  Van  Pelt  and  Leonard 
streets  ;  thence  in  a  southerly  direction,  along  the  center  of  Leonard 
street  to  the  center  of  the  intersection  of  Leonard  and  Richardson 
streets  ;  thence  in  an  easterly  direction  along  the  center  of  Richardson 
street  to  the  center  of  the  intersection  of  the  Newtown  turnpike  (or 
North  road)  by  Richardson  street ;  thence  in  a  northeasterly  direction 
along  the  center  of  the  Newtown  turnpike,  in  all  its  turnings,  to  the 
center  of  the  Newtown  creek  ;  thence  in  a  northwesterly  direction 
along  the  center  of  Newtown  creek,  in  all  its  meanderings,  to  the 
permanent  line  of  the  East  river  to  a  point  where  the  permanent  line 
of  the  East  river  would  intercept  the  center  of  Newtown  creek,  if 
continued  ;  thence  along  the  easterly  permanent  line  of  the  East  river 
in  a  southerly  direction  to  the  center  of  North-Thirteenth  street,  to  the 
place  of  beginning. 

Eighteenth  ^  19  The  Eighteenth  ward  of  said  city  shall  comprise  the  following 
district,  viz  :  Beginning  at  the  center  of  the  intersection  of  Richard- 
son street  and  Newtown  turnpike  ;  thence  running  in  a  northeasterly 
direction  along  the  center  of  Newtown  turnpike  to  the  center  of  New- 
town creek ;  thence  in  a  southeasterly  direction  along  the  center  of 
Newtown  creek  to  the  intersection  of  the  center  of  the  "Williamsburgh 
and  Jamaica  turnpike  ;  thence  in  a  southeasterly  direction  to  a  certain 
rock  called  "Arbitration  rock ;"  thence  south  twenty-seven  degrees 
east  one  hundred  and  fifty-five  chains  to  a  heap  of  stones  ;  thence  in 
the  same  direct  line,  until  it  is  intersected  by  the  westerly  line  of  the 
town  of  New  Lots ;  thence  in  a  southerly  direction  along  said  last 
mentioned  line  to  the  northerly  line  of  the  present  city  of  Brooklyn  ; 
thence  northwesterly  along  said  last  mentioned  line,  and  along  the 
center  of  Division  avenue,  to  the  center  of  the  intersection  of  Division 
and  Flushing  avenues  ;  thence  easterly  along  the  center  of  Flushing 
avenue  to  the  center  of  the  intersection  of  Flushing  and  Bush  wick 
avenues  ;  thence  in  a  northerly,  northwesterly  and  northeasterly,  and 
again  northwesterly  direction,  along  the  center  of  Bush  wick  avenue, 


9 


to  the  center  of  the  intersection  of  Bushwick  avenue  and  North-Second 
street ;  thence  westerly  along  the  center  of  North-Second  street  to  the 
center  of  the  intersection  of  North-Second  and  Smith  streets ;  thence 
northerly  along  the  center  of  Smith  street  to,  the  center  of  the  inter- 
section of  Smith  street  and  Richardson  street ;  thence  along  the  center 
of  Richardson  street  to  the  place  of  beginning. 

§  20.  The  said  several  wards  of  the  said  city,  except  as  otherwise  Wards  to  b< 
provided  in  this  act,  shall  be  considered,  and  are  hereby  declared  totowns* 
be,  towns  of  the  county  of  Kings. 

TITLE  II. 

OF  THE  COMMON  COUNCIL. 

Section  1.  The  legislative  power  of  said  corporation  shall  be  vested  Common 
in  a  mayor  and  a  board  of  aldermen,  who  together  shall  form  the councl1- 
common  council. 

$  2.  The  board  of  aldermen  shall  consist  of  two  aldermen  to  be  Board  of 
elected  from  each  ward.  aldermen. 

§  3.  Every  alderman  shall,  at  the  time  of  his  election,  be  ail  Qualifica- 
elector  of  the  ward  in  which  he  shall  be  chosen,  and  shall  have  been tlon- 
a  resident  of  the  city  for  at  least  three  years  immediately  previous 
thereto. 

§  4.  The  board  of  aldermen  first  elected  under  and  by  virtue  of  Classified, 
this  act  shall,  at  its  first  meeting,  be  divided  into  two  classes,  one  of 
which  shall  go  out  in  each  year.  One  alderman  of  each  ward  shall 
form  one  class,  and  the  other  aldeimen  shall  form  the  other  class. 
The  mayor  shall  then  in  open  board  make  such  classification  by  lot, 
certify  the  same  in  writing,  and  file  it  with  the  clerk  of  the  board, 
who  shall  enter  the  same  on  the  journal. 

§  5.  The  first  of  said  classes  of  the  board  of  aldermen  shall  hold  Term  of 
office  for  one  year ;  but  after  the  expiration  of  the  said  year,  the office' 
term  of  office  of  the  aldermen  elected  for  the  said  class  shall  be  two 
years.    The  second  class  shall  hold  office  for  two  years.    The  alder-  Powers, 
men  in  each  ward  shall  have  the  power  to  cause  the  streets  in  their 
wards  to  be  cleaned,  and  to  make  contracts  for  the  same,  and  to 
cause  the  wells  and  pumps  to  be  repaired ;  and  in  case  of  their  dis- 
agreement, the  mayor  shall  decide  between  them  in  relation  thereto, 
and  the  expense  thereof  shall  be  a  charge  upon  such  ward  only.  In 
the  performance  of  thjs  duty  they  may  require  the  services  of  the 
commissioner  of  repairs  and  supplies. 

§  6.  The  members  of  the  common  council  shall,  unless  removed  Common 
for  cause,  hold  office  until  their  places  are  supplied  by  the  election  of  termsVf 
new  members,  who  shall  have  qualified  in  the  manner  provided  by  office- 
this  act.    In  case  any  alderman  shall,  after  his  election  or  during  his 
term  of  office,  remove  out  of  the  ward  in  which  he  shall  have  been 
elected,  his  office  shall  be  deemed  vacant,  and  he  shall  no  longer  act 
as  an  alderman.    They  may  also  resign  their  respective  offices  at 
any  time,  by  filing  written  notices  thereof  with  the  city  clerk,  and 
publishing  a  copy  of  such  notice  in  the  corporation  newspapers  ;  and  Vacancy, 
the  common  council  shall  have  power  to  direct  a  special  election how  fllled' 
2 


I 


10 

to  supply  any  vacancy  that  may  occur,  but  the  person  so  elected 
shall  hold  office  only  for  the  residue  of  the  term  so  vacated, 
cierk.  ^  7.  The  common  council  shall  appoint  a  clerk,  who  shall  perform 

such  duties  as  may  be  prescribed  for  him.  The  clerk  so  appointed 
shall  also  be  the  city  clerk,  and  hold  his  office  one  year,  unless  re- 
moved for  cause ;  and  by  consent  of  the  common  council  he  may 
appoint  an  assistant  clerk,  for  whose  acts  he  shall  be  responsible. 
Quorum.  §  8.  A  majority  of  aldermen  elected  shall  constitute  a  quorum, 
but  a  smaller  number  may  adjourn  from  time  to  time,  and  compel 
the  attendance  of  absent  members. 
President  of  §9.  The  common  council  shall  annually  elect  a  president  from  its 
common  own  body,  and  in  his  absence  a  president  for  the  time  being,  choose 
officers,  appoint  its  times  and  places  of  meeting,  determine  the  rules 
of  its  own  proceedings,  be  the  sole  judge  of  the  qualifications  of  its 
members,  keep  a  journal  of  its  proceedings,  and  may  punish  or  expel 
a  member  for  disorderly  conduct  or  a  violation  of  its  rules,  or  declare 
his  seat  vacated  by  reasons  of  absence,  provided  such  absence  be 
continued  for  the  space  of  two  months.  But  no  expulsion  shall  take 
place  except  by  the  vote  of  two-thirds  of  all  the  members  elected, 
nor  until  the  delinquent  member  shall  have  an  opportunity  to  be 
heard  in  his  defence. 
Ordinances,  §  10.  Every  ordinance  or  resolution  of  the  common  council  shall, 
how  passed,  before  it  takes  effect,  be  presented,  duly  certified,  to  the  mayor,  and 
the  approval  of  the  minutes  by  the  common  council  shall  be  conclu- 
sive evidence  that  the  said  ordinance  or  resolution  has  been  so  pre- 
sented to  the  mayor.  If  he  approve  of  it,  he  shall  sign  it ;  if  not,  he 
shall  return  it  with  his  objections,  and  file  it  with  the  clerk  within 
ten  days  after  he  received  it ;  the  said  board  shall,  at  its  first  regular 
meeting  thereafter,  enter  the  objections  at  length  on  its  journal,  and 
cause  said  objections  to  be  published  in  the  corporation  newspapers, 
after  which  publication  it  shall  proceed  to  consider  the  same,  and  if 
two-thirds  of  all  the  members  elected  shall  then  agree  to  pass  the 
same,  it  shall  take  effect  as  a  law ;  but  in  every  such  case  the  votes 
shall  be  taken  by  ayes  and  noes,  and  entered  on  the  journal.  And  if 
such  ordinance  or  resolution  shall  not  be  returned  by  the  mayor, 
within  ten  days  after  he  has  received  it,  it  shall  become  a  law  in  like 
manner  as  if  he  had  signed  it.  But  no  such  ordinance  or  resolution 
shall  take  effect,  in  any  sense,  until  the  day  following  the  next  regular 
meeting  of  the  board,  except  by  unanimous  consent  of  the  board ;  in 
which  case  it  shall  take  effect  upon  its  being  approved  by  the  mayor. 
Publication  §  H-  The  common  council  shall  at  least  once  a  year,  no^  more 
ande(xiptS i  *nan  thirty  nor  less  than  twenty  days  before  the  annual  election, 
turie8Xpendl  publish  in  such  of  the  newspapers  printed  in  the  city  as  they  shall 
designate,  a  full  statement  of  all  the  receipts  and  expenditures  of  every 
description  for  the  fiscal  year  ending  on  the  31st  day  of  August  pre- 
ceding such  statement,  including  all  the  moneys  which  have  passed 
through  the  hands  of  the  comptroller  or  treasurer  for  any  purpose 
whatever,  together  with  the  different  sources  of  city  revenue,  the 
amount  received  under  each,  the  several  appropriations  made  by  the 
common  council,  the  objects  for  which  the  same  were  made,  and  the 


11 


suras  expended  for  each  ;  also  any  moneys  borrowed  upon  the  credit  of 
the  city,  whether  by  temporary  loans  or  by  the  issue  of  bonds,  the 
terms  upon  which  they  were  obtained,  the  authority  under  which 
they  were  borrowed,  and  the  purposes  to  which  they  were  applied, 
and  how  much  of  the  same  or  other  city  indebtedness  has  been  paid, 
and  by  what  means.  The  statement  shall  also  include  a  detailed 
account  of  the  city  property,  existing  debts  of  every  description,  and 
the  condition  of  the  sinking  fund,  with  all  such  other  information  as 
may  be  necessary  for  a  full  understanding  of  the  financial  concerns  of 
the  city,  showing  also  the  relative  indebtedness  and  property  of  the 
portions  of  said  city  formerly  included  in  the  cities  of  Brooklyn,  Wil- 
liamsburgh  and  the  town  of  Bush  wick. 

§  12.  The  common  council  shall  hold  stated  meetings,  commencing  stated 
on  the  first  Monday  of  January ;  but  the  mayor,  or  in  his  absence  meetings, 
any  three  aldermen,  may  call  special  meetings,  by  notice  to  each  of 
the  members  of  said  council,  served  personally  or  left  at  his  usual 
place  of  abode. 

§13.  The  common  council  shall  have  power  within  said  city  to  special 
make,  establish,  publish  and  modify,  amend  or  repeal  ordinances,  powers, 
rules,  regulations  and  by-laws  for  the  following  purposes  : 

1.  To  manage  and  regulate  the  finances  and  property,  real  and  Finances, 
personal,  of  the  city. 

2.  To  regulate  the  wharves,  piers  and  slips  owned  by  the  city,  and  wharves, 
direct  the  affairs  thereof. 

3.  To  establish  and  regulate  a  day  and  night  police  and  fire  de- Police, 
partments  of  the  city,  within  the  limits  prescribed  by  law,  and  to  de- 
fine and  regulate  the  duties  and  powers  of  firemen  and  police. 

4.  To  license  and  regulate  cartmen,  porters,  hack,  cab,  omnibus,  Licenses, 
stage  and  truck  owners  and  drivers ;  and  all  railroad  cars  running 

on  any  railroad  established  since  January  first,  eighteen  hundred  and 
fifty-three  ;  carriages  and  vehicles  used  for  the  transportation  of  pas- 
sengers and  merchandise,  goods  or  articles  of  any  kind  (or  to  author- 
ize the  mayor  to  grant  such  licenses,  and  to  require  the  owners  to 
mark  the  same  in  such  manner  as  the  common  council  shall  desiof- 
nate ;)  weights  and  measures,  surveyors,  common  cryers,  hawkers, 
pedlers,  pawnbrokers,  junk  shop  keepers,  sweeps  and  scavengers, 
and  to  fix  the  rates  of  compensation  to  be  allowed  to  them,  and  to 
prohibit  unlicensed  persons  from  acting  in  either  of  such  capacities. 

5.  To  prescribe  the  places  of  selling  hay,  straw,  and  other  articles  H*y. 
from  wagons  or  other  vehicles. 

6.  To  locate,  regulate  and  remove  slaughter  houses,  establish  and  Markets, 
regulate  public  markets,  license  and  regulate  butchers,  designate  the 
places,  times  and  manner  of  selling  meats,  fish,  fruits  and  vegetables, 

and  to  prohibit  persons  from  selling  without  license. 

7.  To  restrain  and  regulate  the  running  at  large  of  cattle,  horses,  Cattle  and 
sheep,  swine,  geese  or  other  animals,  and  to  authorize  and  regulate flWine- 
the  impounding  and  sale  of  the  same  for  the  penalty  incurred  and 

cost  of  proceedings,  and  to  pass  ordinances  authorizing  the  destruc- 
tion of  dogs. 


12 


COWB. 

Nuisances. 
Kites. 


Bathing. 


Racing. 


Burials. 


Guupowder, 


Disorderly 
houses,  and 
gaming. 


Exhibitions. 


Obstruction 
of  streets. 


Duties  of 
officers 

Drinking 
houses. 


Unwhole- 
some busi- 
ness. 


8.  To  regulate  or  prohibit  the  keeping  of  cows,  swine  and  other 
animals. 

9.  To  prohibit  and  abate  all  nuisances. 

10.  To  regulate  and  prohibit  the  flying  of  kites  or  any  other  prac- 
tice having  a.  tendency  to  frighten  animals  or  to  annoy  persons 
passing  in  the  streets  or  on  the  side-walks  in  said  city. 

11.  To  regulate  or  prohibit  swimming  or  bathing  in  the  waters  of 
or  bounding  the  city. 

12.  To  prevent  horse-racing  and  immoderate  driving  in  said  city, 
and  to  authorize  the  stopping  of  any  one  who  shall  be  guilty  of  so 
doing.  . 

13.  To  regulate  the  burial  of  the  dead,  prohibit  interments  within 
such  limits*  as  it  may  prescribe,  purchase  land  for  public  burial 
places,  direct  the  keeping  and  returning  bills  of  mortality,  and  to 
establish  such  regulations  for  conveying  the  dead  through  the  streets 
of  said  city  as  the  health,  quiet  and  good  order  of  the  city  may,  in 
their  opinion,  require,  or  to  prohibit  the  same  entirely,  if  necessary. 

14.  To  prohibit  or  regulate  the  keeping  and  conveying  of  gunpow- 
der and  other  dangerous  material,  to  provide  for  the  forfeiture  of  the 
same,  and  the  use  of  candles  and  lights  in  barns,  stables  and  other 
buildings. 

15.  To  suppress  and  restrain  disorderly  houses  and  houses  of  ill- 
fame,  gaming  tables,  ball  alleys,  the  playing  of  cards  or  games  of 
chance  in  places  where  liquor  is  sold  to  be  drank,  to  destroy  all  in- 
struments or  devices  employed  in  gaming,  and  to  restrain  and  punish 
vagrants,  mendicants,  street  beggars  and  common  prostitutes. 

16.  To  prohibit  or  regulate  the  exhibitions  of  common  showmen, 
or  of  curiosities  or  other  public  exhibitions  tending  to  create  or  en- 
courage idleness  and  immorality. 

17.  To  prevent  and  remove  obstructions  and  incumbrances  in  and 
upon  all  wharves,  streets  and  public  places,  and  the  throwing  of 
dirt,  filth  or  rubbish  on  or  from  the  same  into  the  water  adjoining  ; 
to  direct  and  regulate  the  planting,  rearing,  trimming  and  preserv- 
ing of  ornamental  and  shade  trees  in  the  streets,  parks  and  grounds 
of  the  city  ;  to  enforce  the  removal  of  snow,  ice  or  dirt  from  the  side- 
walks and  gutters,  and  to  direct  the  sweeping  and  cleaning  of  streets 
by  the  persons  owning  or  occupying  the  premises  fronting  thereon. 

18.  To  prescribe  and  define  the  duties  of  all  officers  appointed 
under  this  act,  not  otherwise  prescribed  for  by  law. 

19.  To  regulate  victualling  houses  or  cellars,  gardens  and  other 
places  where  ardent  spirits  or  other  intoxicating  drinks  may  be  sold, 
and  to  prohibit  the  keeping  of  the  same,  except  by  persons  duly 
licensed. 

20.  To  compel  the  owner  or  occupant  of  any  grocery,  cellar,  tallow 
chandler's  shop,  soap  factory,  tannery,  slaughter-house,  stables,  stalls, 
privy,  sewer,  or  other  unwholesome  or  nauseous  house,  place  or 
yard,  to  cleanse,  remove  or  abate  the  same  from  time  to  time,  as 
often  as  it  maypDe  necessary  for  the  health,  comfort  or  convenience  of 
the  inhabitants,  at  the  expense  of  the  owner  or  occupant  thereof,  and 
to  prescribe  certain  limits  within  which  it  shall  not  be  lawful  to 


13 


erect  or  establish  any  offensive  or  unwholesome  manufactory  or 
business. 

21.  To  prevent  or  regulate  the  erection  or  construction  of  any  ^Jj^°sof 
stoop,  step,  platform,  bay  window,  cellar  door,  area,  descent  into  a 

cellar  or  basement,  sign,  or  any  post  or  erection,  or  any  projection 
from  any  building  or  otherwise,  in,  over  or  upon  any  street  or  avenue 
in,  or  the  removal  of  any  house  or  other  building  through  said  city, 
and  to  cause  the  same  to  be  taken  out  and  removed  from  such  street 
or  avenue  at  the  expense  of  the  owner  or  occupant  of  the  premises. 

22.  To  cause  sidewalks  to  be  flagged,  and  new  curb  and  gutter  side-walks, 
stones  to  be  put  down  and  laid,  where  the  same  do  not  conform  to 

the  ordinances  of  the  common  council,  except  where  the  want  of 
conformity  is  the  result  of  the  action  of  the  common  council  or  of 
any  city  officer  or  officers,  and  the  expense  thereof  to  be  assessed  on 
the  adjoining  lots,  and  collected  in  the  same  manner  as  lor  regula- 
ting, grading  and  paving  streets. 

23.  To  direct  the  digging  down,  draining  or  filling  Up  of  lots,  Paining  and 
pieces  or  parcels  of  ground,  in  all  cases  in  which  by  a  vote  of  two- \Qt°s  0 
thirds  they  shall  decide  such  digging  down,  draining,  or  filling  up 
necessary  for  preventing  any  damage  or  injury  to  the  streets,  side- 
walks, cross-walks,  or  to  the  adjoining  property,  or  for  abating  a 
nuisance,  at  the  expense  of  the  owners  thereof ;  to  direct  the  fencing 

in  or  closing  of  vacant  lands  in  said  city,  and  the  building  and 
maintaining  of  sufficient  brick  or  stone  walls  between  any  lot  or 
piece  of  land  and  any  street  or  avenue  adjoining  the  same  in  said 
city,  in  all  cases  where  such  lots  or  pieces  of  land  shall  not  properly 
conform  to  the  level  of  the  streets  or  avenues  adjoining  the  same, 
and  to  require  such  wall  to  be  built  upon  any  lot  or  piece  of  land 
which  shall  not  so  conform,  at  the  expense  of  the  owner  or  owners 
thereof,  and  to  be  so  constructed  as  to  prevent  the  draining  or 
running  of  water  or  any  other  thing  from  any  street  or  avenue 
upon  any  such  lot,  and  so  as  to  maintain,  uphold  and  preserve  the 
sidewalk  of  any  such  street  or  avenue,  and  to  assess  and  collect  the 
expenses  thereof  in  the  same  manner  as  for  regulating,  grading  and 
paving  streets ;  but  before  any  ordinance  shall  be  passed  for  any  of 
the  purposes  in  this,  or  the  last  preceding  subdivision  mentioned,  ten 
days'  notice  of  the  application  for  or  the  intention  to  pass  such  ordi- 
nance shall  be  given  to  every  person  to  be  affected  thereby,  either 
personally  or  by  publication  in  the  corporation  newspapers. 

24.  To  fix  and  determine  a  reasonable  compensation  to  be  paid  to  Pay  of 
any  officer  of  said  city,  or  other  person  employed  by  them,  for  any officer>- 
service,  required  of  him  by  this  act  or  by  any  ordinance  or  resolution 
passed  by  them,  for  which  no  specific  fee  or  compensation  is  provided 

by  this  act,  to  be  paid  by  the  person  or  persons  for  whom  such  service 
shall  be  performed,  for  the  use  of  the  city  :  and  to  regulate  the  com- 
pensation for  the  services  of  any  officer  of  said  city,  or  other  person 
employed  by  him,  for  searching  the  books,  files  or  records  of  said  city 
for  private  persons. 

25.  To  regulate  the  construction  of  chimneys,  and  to  compel  the  chimneyi, 
sweeping  thereof ;  to  prevent  the  setting  up  or  construction  of  stoves, &c- 


14 


Taxes. 


Runners  foi 
boats,  &c. 


Special 
taxes. 


Bread. 

Ringing  of 
bells. 

Dangerou« 
buildings. 


Duties  of 
officers. 


Correction 
assessment 
roll. 


of 


boilers,  ovens  or  other  things  in  such  a  manner  as  to  be  dangerous  ; 
to  prohibit  the  deposit  of  ashes  in  unsafe  places  ;  to  authorize  any 
city  officer,  or  person  or  persons  whom  they  may  designate  for  that 
purpose,  to  enter  upon  and  inspect  any  place  or  places,  for  the  pur- 
pose of  ascertaining  whether  the  same  is  or  are  in  a  safe  condition, 
and  if  not,  to  direct  or  cause  the  same  to  be  made  so  ;  to  regulate 
the  carrying  on  of  manufactories  dangerous  in  causing  or  pro- 
moting fires  ;  to  regulate  or  prohibit  the  manufacture,  sale  or  use  of 
fireworks  or  firearms  in  said  city  ;  to  require  all  such  further  or  other 
acts  to  be  done,  and  to  regulate  or  prohibit  the  doing  of  all  such 
further  or  other  acts,  as  they  may  deem  proper  to  prevent  the  occur- 
rence and  provide  for  the  extinguishment  of  fires  in  said  city. 

26.  To  estimate  and  determine  what  amount  of  money  may  be 
raised  to  defray  the  annual  current  expenditure  of  the  city,  and  to 
adopt  all  legal  and  requisite  measures  for  levying  and  collecting  it. 

27.  To  regulate  and  restrain  runners  for  boats,  stages,  railroads, 
taverns  and  other  houses,  and  the  running  of  engines  and  cars 
through  said  city  on  any  railroad  established  since  January  first, 
eighteen  hundred  and  fifty-three. 

28.  To  raise  by  tax,  annually,  a  sum  not  exceeding  four  thousand 
dollars  towards  defraying  the  expenses  of  the  city  hospital,  and  the 
sum  of  one  thousand  dollars  for  the  celebration  of  the  anniversary  of 
American  Independence,  and,  in  the  same  manner  as  the  expenses  of 
the  fire  department  shall  be  raised,  the  sum  of  one  thousand  five 
hundred  dollars  for  the  fire  department  funds  of  the  western  and 
eastern  districts  of  said  city,  to  be  apportioned  between  them  accord- 
ing to  the  taxable  property  of  each  of  said  districts,  and  the  sum  of 
one  thousand  dollars,  upon  the  whole  city,  to  bo  apportioned  between 
the  dispensaries  now  established  in  the  present  cities  of  Brooklyn  and 
Williamsburgh  according  to  the  taxable  property  of  the  districts  in 
which  they  are  situated. 

29.  To  establish  assize  of  bread,  and  regulate  the  sale  thereof. 

30.  To  prevent  or  regulate  the  ringing  and  tolling  of  bells,  blowing 
of  horns  and  crying  of  goods,  and  other  things  in  said  city. 

31.  To  raze  or  demolish  any  building  or  erection  which,  by  reason 
of  fire  or  any  other  cause,  may  become  dangerous  to  human  life  or 
health,  or  tend  to  extend  a  conflagration. 

32.  To  limit  and  define  the  duties  which  are  by  this  act  required 
to  be  performed  by  the  several  officers  of  the  city,  and  to  prescribe 
such  other  or  further  duties  to  be  performed  by  them  or  any  of  them, 
as  it  may  deem  proper. 

33.  The  common  council  shall  have  power  to  correct  and  rectify 
any  errors  committed  in  any  assessment  as  well  for  taxes  for  the 
various  public  purposes  of  the  said  city  as  for  improvements,  local 
and  general,  and  may  exercise  such  power  as  well  before  as  after  the 
confirmation  of  such  assessment,  on  the  petition  of  the  person  or 
persons  considering  themselves  aggrieved  thereby  ;  and  they  may 
cause  to  be  repaid  to  the  petitioners  any  excess  which  may  appear  to 
have  been  paid  by  them  over  and  above  their  just  and  proper  tax  or 
assessment,  and  may  also  cause  to  be  repaid  any  amount  which  the 


15 


said  petitioners  shall  have  paid  when  justly  and  equitably  they  should 
not  have  paid  the  same.  The  exercise  of  this  power  shall  he  solely 
in  the  discretion  of  the  said  common  council,  and  they  may  or  may 
not  exercise  the  same,  as  in  their  judgment  the  justice  and  merits  of 
the  case  may  require. 

§  14.  The  common  council  shall  also  have  power  to  make,  estab- Making  and 
lish,  alter,  modify,  amend  and  repeal  all  such  other  ordinances,  rules,  o*STnaiice». 
police  regulations  and  by-laws,  not  contrary  to  the  laws  of  this  state 
or  of  the  United  States,  as  they  may  deem  necessary  to  carry  into 
effect  the  powers  conferred  on  it  by  this  act  or  by  any  other  law  of 
this  state  ;  and  such  also  as  they  may  deem  necessary  and  proper  for 
the  good  government,  order  and  protection  of  persons  and  property, 
and  for  the  preservation  of  the  public  health,  peace  and  prosperity  of 
said  city  and  its  inhabitants. 

15.  The  common  council  may  allow  or  permit  the  removal  of  any  Removal  of 
house  or  other  building  through  or  over  any  street  or  avenue  of  said  house8- 
city ;  but  in  no  case  shall  a  building  be  removed  into  a  fire  district. 

§  16.  In  every  by-law,  ordinance,  or  police  or  sanatary  regulation  Penalties, 
the  said  common  council  may  pass,  it  may  impose  such  penalty  for 
the  violation  or  non-performance  thereof  as  it  may  deem  proper ;  but 
no  such  by-law,  ordinance  or  regulation  shall  extend  in  its  operation 
beyond  the  territorial  limits  of  the  city. 

§  17.  Suits  may  be  prosecuted  in  the  corporate  name  of  the  city  Suits, 
against  any  person  or  persons  who  shall  violate  any  provisions  of  any 
law,  ordinance  or  regulation  of  the  common  council  of  said  city,  or 
who  shall  neglect  or  refuse  to  perform  any  act  or  duty  thereby 
required  of  him  or  them;  and  in  every  such  action  it  shall  be  suffi- 
cient to  state  in  the  complaint  the  by-law,  ordinance  or  regulation, 
and  the  section  thereof,  upon  which  such  action  is  brought ;  and  pro- 
ceedings for  any  violation  of  the  ordinances  of  the  city  imposing  a 
penalty,  may  be  commenced  by  warrant  for  the  arrest  of  the  offender, 
as  well  as  by  summons,  to  be  issued  by  any  magistrate  or  court 
having  jurisdiction  in  the  case  before  whom  complaint  shall  be  made, 
under  oath,  and  every  police  justice  and  justice  of  the  peace  elected 
in  said  city  shall  have  jurisdiction  in  all  such  cases. 

$  18.  Every  general  ordinance,  by-law,  rule  or  regulation  which  publication 
may  be  passed  by  the  common  council,  imposing  a  penalty,  shall,  JjJ^Tg  *" 
after  passage  thereof,  and  before  the  same  shall  take  effect,  be  pub- 
lished for  ten  days  successively  in  the  corporation  newspapers.  Proof 
of  such  publication,  by  the  affidavit  of  the  printer  or  publisher  of  such 
newspaper  or  papers,  taken  before  any  officer  authorized  to  administer 
oaths,  filed  in  the  office  of  the  city  clerk,  or  a  copy  thereof  certified  by 
said  city  clerk,  shall  be  deemed  conclusive  evidence  thereof  in  all 
courts  and  places  ;  but  such  publication  may  be  proved  by  any  other 
competent  evidence. 

$  19.  The  common  council  shall  designate  such  newspapers  printed  corporation 
in  the  western  district  in  said  city,  not  exceeding  four  in  number,  in  i)ai)crs- 
which  shall  be  published  all  ordinances,  resolutions,  notices  and  other 
proceedings  which  by  this  act  or  any  other  act  are  or  may  be  required 
to  be  published  affecting  that  district,  except  aB  hereinafter  otherwise 


16 


directed,  and  it  may  alter  such  designation  at  pleasure  ;  but  notice  of 
such  alteration  shall  be  published  in  the  paper  or  papers  employed  by 
it  at  the  time  of  such  alteration.  Notices  of  tax  and  assessment  sales 
in  such  district  shall  be  published  in  the  two  newspapers  having  the 
largest  average  daily  circulation.  All  notices  of  tax  and  assessment 
sales,  and  all  ordinances,  resolutions,  notices  and  other  proceedings 
affecting  the  eastern  district,  shall  be  published  in  the  two  daily  news- 
papers printed  in  that  district  having  the  largest  average  actual  circu- 
lation therein. 

§  20.  The  aldermen  to  be  elected,  as  hereinbefore  provided,  shall 
be  fence  viewers  within  their  respective  wards,  and  shall  have  and 
exercise  all  the  powers  and  authority  of  justices  of  peace  of  towns  in 
criminal  proceedings,  except  the  discharge  of  persons  in  custody  ; 
but  shall  not  be  entitled  to  receive  compensation  for  any  services  as 
such  justices  of  the  peace. 

§  21.  The  mayor  shall,  annually,  on  or  before  the  first  Monday  of 
February,  present  to  the  common  council  and  supervisors  of  the 
city,  in  joint  meeting,  a  statement  in  writing  of  the  several  sums  of 
money  which  he  shall  deem  necessary  to  be  raised  by  tax  for  the  va- 
rious purposes  contemplated  by  this  act. 

§  22.  On  that  day  the  said  common  council  and  supervisors  of  the 
city  shall  meet  in  joint  board,  and  then,  or  as  soon  thereafter  as 
practicable,  shall  proceed  to  determine,  by  a  majority  of  at  least  two- 
thirds  of  the  members  present,  what  sums,  in  addition  to  such  as 
may  be  directed  by  the  board  of  supervisors  of  the  county  of  Kings  to 
be  raised  to  defray  county  charges  and  entitle  the  city  to  its  distribu- 
tive share  of  the  public  school  moneys,  are  necessary  to  defray  the 
contingent  and  all  other  expenses  of  said  city,  including  any  interest 
due  or  to  become  due  on  the  public  debt  of  said  city,  or  any  portion 
thereof,  as  well  as  any  instalments  which  may  become  due  thereon, 
together  with  such  sums  as  shall  hereinafter  be  authorized  for  the  use 
and  benefit  of  the  public  schools  of  said  city,  or  such  as  may  at  any 
time  be  required  by  law  to  be  paid  into  the  sinking  fund  of  the  city. 

§  23.  The  whole  of  said  city,  except  the  eighth,  ninth  and  eigh- 
teenth wards,  shall  constitute  a  lamp  and  fire  district,  subject  to  the 
several  provisions  for  the  enlargement  thereof  hereinafter  contained  ; 
and  in  determining  the  amount  required  to  be  raised  by  tax,  as  pro- 
vided in  the  last  preceding  section,  the  said  joint  board  shall  apportion 
the  aggregate  amount  thereof  between  the  city  at  large  and  the  several 
parts  thereof,  by  specifying  how  much  is  to  be  levied  upon  the  city  at 
large,  and  how  much  upon  the  property  within  the  lamp  and  fire 
district. 

§  24.  The  mayor  shall  preside  over  such  joint  board,  and  the  city 
clerk  shall  be  the  clerk  thereof,  who  shall  deliver  a  copy  of  the  resolu- 
tion, duly  certified  by  the  mayor,  to  the  board  of  supervisors  of  the 
county  of  Kings,  at  their  next  annual  meeting  thereafter ;  and  the 
several  amounts  specified  in  said  resolution  shall  be  assessed  and  rated 
by  said  board  upon  and  among  the  owners  of  the  estate,  real  and 
personal,  incorporated  companies  and  associations  in  said  city,  in  the 
manner  herein  directed. 


17 


$  25.  No  part  of  the  expenses  of  the  lamp  and  fire  district  shall  Expenses  of 
be  raised  outside  of  the  same  ;  nor  shall  any  portion  of  the  eighth,  a  "Vstdct. 
ninth  and  eighteenth  wards  be  included  therein ;  but  the  common 
council  may  at  any  time  they  think  proper,  by  a  vote  of  two-thirds, 
embrace  any  of  the  improved  portions  of  said  wards  within  such  dis- 
trict, and  such  portions  of  the  said  wards  may  also  be  annexed  to  said 
district  upon  the  application  of  a  majority  of  the  persons  interested 
therein,  if  the  said  common  council  deem  it  proper  so  to  annex  the 
same. 

$  26.  The  common  council  shall  have  no  power  to  remit  fines  for  Remission 
penalties  incurred  in  violation  of  ordinances,  or  forfeitures  for  nonful- of  fiues* 
hlment  of  contracts  for  work  done  in  cases  where  local  assessments 
shall  be  laid,  but  such  power  may  be  exercised  by  the  mayor,  who 
shall,  before  the  same  be  effective,  transmit  his  decision  to  the  common 
council,  with  his  reason  therefor  in  writing,  who  shall  order  the  publi- 
cation of  the  same. 

TITLE  III. 

OF  CITY  OFFICERS,   THEIR   ELECTION  AND  DUTIES. 

Section  1.  The  administrative  powers  of  the  said  corporation  shall  officers, 
be  vested  in  a  mayor,  chief  of  police,  comptroller,  auditor,  treasurer, 
street  commissioner,  commissioners  of  repairs  and  supplies,  two  col- 
lectors of  taxes  and  assessments,  one  for  the  eastern  and  one  for  the 
western  district,  and  such  other  officers  as  shall  from  time  to  time  be 
created  by  law  or  appointed  by  virtue  of  this  act. 

$  2.  No  person  shall  be  elected  or  appointed  to  any  office  unless  he  Qualification 
be  at  the  time  of  his  election  a  resident  and  elector  of  the  city,  and  if  for  office, 
elected  to  any  ward  or  district  office,  an  actual  resident  in  such  ward 
or  district  ;  and  his  removal  therefrom  shall  vacate  such  office. 

§  3.  Elections  for  mayor,  aldermen,  and  su  *h  other  officers  as  are  Elections 
by  the  provisions  of  this  act  to  be  elected,  shall  be  annually  held  in 
each  of  the  wards  and  election  districts  of  said  city,  on  the  day  of  the 
general  state  election,  at  such  places  as  the  common  council  shall 
designate.  The  first  election  for  said  officers,  except  street  commis- 
sioner, collectors  of  taxes  and  assessments,  and  commissioner  of 
repairs  and  supplies,  shall  be  held  on  the  day  of  the  next  general 
election,  in  November  next,  at  the  same  time  and  places  and  by  the 
same  inspectors  as  the  said  general  election  shall  be  held,  who  shall 
be  provided  with  suitable  boxes  for  the  purpose  by  the  same  authori- 
ties, whose  duty  it  shall  be  to  provide  boxes  for  such  general  election. 
The  common  councils  of  Brooklyn'  and  Williamsburgh,  respectively, 
and  the  supervisors  and  justices  of  the  peace  of  Bushwick,  shall 
designate  election  districts  and  appoint  inspectors  for  the  said  first 
election  for  the  additional  wards  laid  out  by  this  act  in  their  respec- 
tive municipalities.  The  electors  shall  vote  by  ballot  in  the  district 
where  they  actually  reside. 

$  4.  On  the  outside  of  each  ballot,  when  folded,  shall  appear,  writ- 
ten or  printed,  one  of  the  following  words,  "  City,"  "  Excise,"  but  no  a  °  '* 
ballot  found  in  the  proper  box  shall  be  rejected  for  want  of  such  en- 
3  . 


18 


Statements 
of  i-anvass. 


Cnnva«s  of 
N  'VRint>er, 
1854. 


Bo-rd  of 
canvassers. 


Stntem"nt 
of  vote*. 


dorsement.  The  ballot  endorsed  "  City,"  shall  contain  the  names  of 
all  the  city  and  ward  officers  then  to  be  chosen  (except  commissioners 
of  excise,)  any  or  either  of  them  ;  and  the  ballot  endorsed  44  Excise," 
the  names  of  the  commissioners  of  excise  to  be  chosen,  any  or 
either  of  them  ;  such  ballots  shall  be  deposited  in  separate  boxes,  to 
be  provided  by  the  city  for  that  purpose,  and  all  the  provisions  of  law 
in  respect  to  the  election  of  state  officers  shall  be  deemed  to  apply  to 
elections  held  under  this  act,  so  far  as  the  same  are  applicable  and 
consistent  therewith. 

$  5.  The  original  statements  which  shall  be  made  of  the  canvass 
shall  be  duly  certified  by  the  inspectors.  They  shall  deliver  one  copy 
thereof,  together  with  a  copy  of  the  poll  lis's,  to  the  city  clerk,  and 
another  copy  of  each  to  the  chairman  of  the  board  of  canvassers 
within  twenty-four  hours  afier  the  closing  of  the  polls,  which  shall  re- 
main with  them  until  delivered  to  the  board  of  canvassers,  without 
alteration,  supplement  or  arm  nd merit. 

§  6.  For  the  purpose  of  canvassing  the  votes  given  for  city  and 
ward  officers  at  the  general  election  to  be  held  in  November,  1854, 
the  common  council  of  the  city  of  Brooklyn  shall  appoint  twelve  of 
its  number,  the  common  council  of  the  city  of  Williarmburgh  shall 
appoint  four  of  its  number,  and  the  inspectors  of  election  of  the  two 
election  districts  of  the  town  of  Bushwick  shall  each  appoint  one  of 
their  number  ;  such  appointments  shall  be  made  at  least  two  weeks 
before  said  election,  and  the  persons  thus  appointed  shall  constitute  a 
board  of  canvassers  for  said  election,  with  power  to  appoint  its  own 
chairman  and  clerk.  Said  board  shall  meet  and  organize  in  the 
common  council  chamber  of  the  city  of  Brooklyn  at  least  one  week 
before  said  election  ;  the  statements  of  canvass  shall  be  delivered  to 
such  chairman  and  clerk,  as  provided  in  the  fifth  section  of  this  title  ; 
and  said  board  shall  thereupon  proceed  to  canvass  such  statements  at 
the  same  time  and  in  the  same  manner  as  hereinafter  provided. 

§  7.  For  the  purpose  of  canvassing  the  votes  given  for  the  city  and 
ward  officers  at  any  election  except  the  said  election  in  November, 
1854,  the  common  council  shall  constitute  the  board  of  canvassers. 
The  mayor,  or  in  his  absence  the  president  of  said  board,  shall  pre- 
side, and  the  city  clerk  or  his  assistant  shall  be  the  clerk  thereof. 
They  shall  meet  at  the  room  of  the  common  council  on  the  Monday 
next  following  the  election,  at  or  before  five  o'clock  of  that  day,  and 
a  majority  of  aldermen  shall  constitute  a  quorum.  The  clerk  shall 
then  produce  the  original  statements  of  canvass  in  each  district,  as  the 
same  shall  have  been  delivered  to  him,  and  from  them  the  board 
shall  proceed  to  ascertain  the  votes  given  at  such  election  for  the 
several  persons  voted  for  thereat  for  the  several  offices  mentioned  in 
such  statements. 

§  8.  They  shall  make  a  written  statement  of  the  whole  number  of 
votes  given  for  mayor  of  said  city,  as  well  as  for  the  several  other 
officers  to  be  elected  for  said  city  and  the  several  wards  thereof;  the 
names  of  the  persons  to  whom  such  votes  were  given,  and  the  num- 
ber of  votes  given  to  each. 

§  9.  Upon  such  statement,  the  board  shall  proceed  to  determine 


* 


19 


and  declare  what  person  or  persons  have  received  the  highest  number  Certificate 
of  votes  for  each  of  the  offices  mentioned  in  such  statement.  In  case  ofresult- 
any  two  or  more  persons  shall  have  received  an  equal  number  of 
votes  for  the  same  office,  the  board  shall  determine  by  lot  between 
them.  The  statement  and  final  declaration  of  the  board  shall  be 
certified  by  the  presiding  officer  and  clerk,  and  filed  in  the  office  of 
the  city  clerk. 

§  10.  The  clerk  shall  keep  proper  minutes  of  the  proceedings  of  the  Minutes-cf 
board,  and  enter  the  same,  with  the  statement  and  declaration  of  the  board' 
board,  in  the  book  of  minutes  of  the  common  council.  Said  statement 
and  declaration  shall,  within  one  week  thereafter,  be  published  in  one 
or  more  of  the  newspapers  printed  in  each  of  the  districts  of  said  city. 
And  within  ten  days  after  the  board  shall  have  determined  what 
persons  have  been  elected  to  the  several  offices  in  said  city,  the  clerk 
shall  cause  written  notices  of  his  election  to  be  given  to  each  of  the 
persons  so  elected. 

Ml-  The  mayor  shall  be  elected  every  two  years,  and  no  person  Election  of 
shall  be  eligible  to  that  office  unless  he  has  resided  in  the  city  at  m*y°r- 
least  five  years,  and  has  attained  the  age  of  twenty-five  years.  Bis 
salary  shall  not  be  less  than  two  thousand  dollars  per  annum.  He 
shall,  by  virtue  of  his  office,  be  a  supervisor  of  the  city  of  Brooklyn, 
and  shall  possess  all  the  jurisdiction  and  exercise  all  the  powers  and 
authority  in  criminal  cases  of  a  justice  of  the  peace  of  said  city,  in 
addition  to  the  powers  heretofore  given  him  by  this  or  any  other  act ; 
but  shall  receive  no  fees  for  his  services  as  such  justice  of  the  peace, 
or  for  his  services  as  supervisor.    It  shall  be  his  duty  : 

1.  To  communicate  to  the  common  council,  at  their  first  meeting  Duties 
in  the  mouth  of  January,  each  year,  and  ofteuer  if  he  shall  deem  it 
expedient,  a  general  statement,  of  the  situation  and  condition  of  the 

city  in  relation  to  its  government,  finances  aud  improvements,  with 
such  recommendations  as  he  may  deem  proper. 

2.  To  be  vigilant  and  active  iu  causing  the  laws  and  ordinances 
of  the  city  to  be  duly  execuled  and  enforced,  aud  to  exercise  a  con- 
stant supervision  over  the  conduct  and  acts  of  all  subordinate  offi- 
cers, and  to  examine  into  all  complaints  preferred  against  them  for  a 
violation  or  neglect  of  duty,  and  generally  to  perform  all  such  duties 
as  may  be  required  of  him  by  law;  for  which  purpose  he  shall  have 
and  possess  all  the  authority  and  power,  in  criminal  cases,  to  arrest 
and  commit  for  examination  all  offenders  for  offences  committed 
within  said  city  against  the  laws  of  this  state,  of  a  police  magistrate 
or  justice  of  the  peace  of  any  of  the  towns  of  this  state,  and  for  the 
preservation  of  the  peace.  And  shall  have  the  power  and  authority 
to  issue  warrants  against  any  and  all  persons  violating  any  of  the 
ordinances,  by-laws  or  regulations  of  the  common  council  or  of  the 
board  of  health,  or  to  direct  the  proper  officers  to  arrest  such  persons 
and  summarily  to  hear,  try  and  determine  and  dispose  of  the  same, 
where  the  penalty  imposed  by  said  ordinance,  by-law  or  regulation 
shall  not  exceed  ten  dollars.  And  in  case  the  penalty  imposed  by 
said  ordinance,  by-law  or  resolution  shall  not  be  paid  forthwith,  upo.i 
such  person  being  adjudged  guilty,  then  the  said  mayor  shall  have 


20 


power,  by  warrant  under  his  hand  and  seal,  to  commit  the  said 
offender  to  the  county  jail  of  Kings  county  for  a  term  not  exceeding 
thirty  days,  or  until  the  fine  is  paid  ;  and  in  cases  wheie  the  penalty 
shall  exceed  ten  dollars,  the  said  mayor  may,  after  examination,  hold 
the  parties  to  hail.  And  in  all  cases  where  such  person  shall  hold  a 
license  or  warrant,  granted  by  the  common,  council  or  any  of  the 
officers  thereof,  it  shall  be  lawful  for  the  said  mayor  to  suspend  said 
licenses,  or  warrant,  or  the  person  so  found  guilty,  from  the  benefits 
and  privileges  of  said  license  or  warrant,  until  the  common  council 
shall  pass  upon  the  same.  And  it  shall  be  the  duty  of  the  mayor  to 
report  the  fact  of  such  suspension,  together  with  his  reason  therefor, 
to  the  common  council  at  the  next  meeting  thereof.  And  no  person 
so  suspended  shall  be  entitled  to  any  benefils,  privileges  or  rights 
under  such  license  or  warrant  until  the  suspension  shall  be  removed 
by  the  common  council. 

Vacancies  §  12.  Whenever  there  shall  be  a  vacancy  in  the  office  of  mayor,  or 
whenever  the  mayor  shall  be  prevented,  by  absence  from  the  city,  by 
sickness  or  any  other  cause,  from  attending  to  the  duties  of  his  office, 
the  president  of  the  common  council,  or  if  the  said  president  shall  be 
absent  or  disabled,  the  president  to  be  elected  pro  tempore,  shall  act 
as  mayor  and  possess  all  the  rights  and  powers  of  the  mayor  during 
the  vacancy  in  office  caused  by  the  absence  or  disability  of  the 
mayor  or  of  the  president  of  the  common  council,  and  the  said  pre- 
sident shall  receive  the  same  compensation  as  the  mayor,  while 
acting  in  such  capacity. 

Comptroller.  §  13.  There  shall  be  a  comptroller,  who  shall  be  elected  by  the 
city  at  large  every  three  years,  except  as  hereinafter  mentioned.  He 
shall  render  to  the  common  council,  as  often  as  required,  a  full  and 
detailed  statement  of  all  the  receipts  and  disbursements  of  the  city 
government  from  time  to  time,  specifying  the  amounts  expended  and 
unexpended  on  each  appropriation  made  by  the  common  council, 
with  the  state  of  account,  together  with  a  general  statement  of  the 
liabilities  and  resources  of  the  city,  and  such  other  information  as 
may  be  necessary  to  a  full  understanding  of  the  financial  affairs  of 
the  city.  He  shall  also,  under  the  direction  of  the  common  council, 
prepare  the  annual  statement  hereinbefore  directed  to  be  published, 
and  manage  all  the  financial  concerns  of  the  corporation,  in  addition 
to  such  duties  as  may  be  required  of  him  by  law,  and  shall  be  en- 
titled to  receive  such  salary  as  the  common  council  shall  determine, 
and  by  consent  of  the  common  council  may  appoint  a  deputy  comp- 
troller, for  whose  acts  he  shall  be  responsible.  He  may  administer 
an  oath  to  any  person  or  officer  who  shall  be  required  to  render  any 
account  or  make  any  return  to  him,  or  furnish  proof  of  his  right  to 
receive  any  sum  of  money,  or  any  evidence  of  indebtedness  from  the 
said  comptroller,  or  from  the  city  of  Brooklyn. 

street  com-      $  14.  There  shall  be  a  street  commissioner,  who  shall  be  elected  by 

missiouer.  ^e  cjtv  at  jarge  every  three  years.  He  shall  perform  all  such  ser- 
vices as  may  be  directed  in  relation  to  the  opening,  widening  or 
regulating,  grading  and  paving  streets  and  avenues,  with  such  other 
duties  as  may  from  time  to  time  be  prescribed  for  him  by  the  common 


21 


council,  not  inconsistent  with  this  office.  He  shall  receive  and  have 
charge  of  all  maps,  books  and  papers  appertaining  to  his  department, 
and  shall  be  entitled  to  such  salary  as  the  said  common  council  shall 
determine  ;  and  by  consent  of  the  common  council  may  appoint  a 
deputy  street  commissioner,  for  whose  acts  he  shall  be  responsible, 
and  who  shall  hold  his  office  during  the  pleasure  of  the  street  com- 
missioner. The  deputy  street  commissioner  shall  possess  all  the 
powers  and  discharge  all  the  duties  of  the  street  commissioner,  in  case 
of  the  absence  of  that  officer.  The  street  commissioner  shall  also  have 
power  to  appoint  such  other  clerks  and  subordinates  in  his  depart- 
ment as  the  common  council  shall  from  time  to  time  deem  necessary. 

$  15.  There  shall  be  a  treasurer,  who  shall  be  elected  by  the  city  Treasurer, 
at  large  every  three  years,  except  as  hereinafter  mentioned,  who  shall 
receive  and  deposit  daily,  under  the  direction  of  the  common  council, 
all  moneys  belonging  to  the  city  in  such  banks,  to  the  credit  of  the 
city,  as  the  common  council  may  direct,  and  upon  such  terms  as  the 
common  council  may  determine,  or  in  default  thereof,  in  such  banks 
as  he  may  think  fit,  but  no  greater  amount  shall  be  deposited  in  any 
one  bank  than  one-quarter  of  its  capital.  He  shall  countersign  all 
warrants,  also  keep  an  accurate  account  of  all  receipts  and  payments, 
and  make  weekly  returns  thereof  in  such  manner  as  the  common 
council  shall  direct.  The  common  council  shall  make  orders  lor  the 
payment  of  all  moneys  to  be  drawn  out  of  the  treasury,  and  no 
money  shall  be  drawn  or  paid  out  of  the  treasury  except  in  pursuance 
of  such  orders  appropriating  the  same,  and  upon  warrants  signed  by 
the  mayor  or  acting  mayor  and  comptroller,  and  countersigned  by 
the  city  clerk,  or  in  his  absence  by  his  assistant.  Such  warrants 
shall  specify  for  what  purpose  the  amount  therein  mentioned  is  to  be 
paid;  the  appropriation  against  which  it  is  drawn,  and  the  date  of 
the  ordinance  making  the  same  ;  and  the  said  clerk  shall  keep  an 
accurate  account  of  all  orders,  directing  moneys  to  be  paid  by  the 
treasurer,  in  a  book. provided  for  that  purpose. 

§  16.  There  shall  be  a  commissioner  of  repairs  and  supplies,  who  Commisnon- 
shall  be  elected  by  the  city  at  large  every  three  years,  except  as  here-  er  of  rePairs 
inafter  mentioned.  He  shall,  under  the  direction  of  the  common 
council,  have  charge  of  all  repairs  and  supplies  of  and  for  the  public 
buildings,  station  houses  and  bell  towers,  wharves  and  piers  belonging 
to  the  city,  and  of  and  for  the  pavements,  sides  and  cross-walks,  hie 
engines  and  other  property  of  the  fire  department,  lamps,  oil  and  gas, 
fuel  and  stationery  for  the  public  offices  ol  the  city.  He  shall  perform 
such  other  duties  as  shall  from  time  to  time  be  prescribed  for  him  by 
said  common  council,  not  inconsistent  with  his  office,  and  receive  a 
salary  to  be  determined  by  said  common  council ;  and  by  consent  of 
the  common  council  may  appoint  a  deputy  commissioner  and  tore- 
man  ol  repairs  and  supplies,  for  whose  acts  he  shall  be  responsible  ; 
and  shall  have  power,  under  the  direction  and  by  the  consent  of  the 
mayor  and  the  aldermen  of  the  ward  where  repairs  are  required  to 
be  performed  immediately,  to  expend  in  such  repairs  an  amount  not 
exceeding  fifty  dollars  on  any  such  occasion. 

§  17.  There  shall  be  an  auditor,  who  shall  be  elected  by  the  city  at  Auditor. 


22 


large  every  three  years,  except  as  hereinafter  mentioned.  It  shall  be 
his  duty  to  examine  all  bills  presented  against  the  city  for  payment. 
No  claims  against  the  city,  or  for  local  improvements,  or  otherwise 
howsoeyer,  shall  be  paid,  unless  he  shall  certify  the  same  to  have  been 
incurred  under  due  authority  of  law,  and  that  the  services  have  been 
rendered  or  the  materials  furnished  for  which  such  bills  may  be  pre- 
sented, and  that  the  charges  are  just  and  reasonable,  or  according  to 
contract.  He  may  require  the  oath  mentioned  in  section  twelve  of 
this  title,  and  may  administer  the  same. 
At-oniey  §  18.  The  common  council  shall  appoint  a  suitable  and  proper  per- 
and  coan8e'  son  aSj  anci  w\10  shall  be  the  attorney  and  counsel  for  the  corporation. 

He  shall  have  the  management,  charge  and  control  of  all  the  law 
business  of  the  corporation,  and  the  departments  thereof,  and  all  the 
law  business  in  wrhich  the  city  shall  be  interested  ;  draw  all  leases, 
deeds  and  other  legal  papers  for  the  city,  and  shall  be  the  legal  adviser 
of  the  mayor  and  common  council  and  the  several  departments  of  the 
corporation  ;  he  shall  have  the  charge,  management  and  control  ol, 
and  shall  conduct  all  the  proceedings  necessary  in  opening,  widening, 
altering  or  closing  streets,  avenues,  parks,  roads  or  lanes,  and  all 
other  local  improvements  of  the  same  kind,  and  he  shall  have  the 
power  and  authority  from  time  to  time,  during  his  continuance  in 
office,  to  authorize  an  attorney  or  other  person  to  appear  for  him  in 
hi.-  name,  for  and  on  behalf  of  the  said  corporation,  and  conduct  and 
defend  suits  and  proceedings  in  all  courts  and  places.  The  said  at- 
torney and  counsellor  shall  devote  the  whole  of  the  business  hours  of 
the  day  to  and  for  the  use  of  the  corporal  ion  and  business  above  set 
forth.  He  shall  receive  from  the  common  council  an  annual  salary 
of  three  thousand  dollars,  to  be  paid  quarterly,  excl  sive  of  all  dis- 
bursements, and  in  full  for  all  services  rendered  or  perf  lmed  by  him 
for  the  corporation,  including  all  attorney  and  counsel  fees  arising  or 
which  may  accrue  on  any  proceedings  for  local  improvements  or 
otherwise  ;  all  which  fees  shall  belong  to  and  t}e  paid  into  the  city 
treasury.  The  common  council  shall  provide  suitable  apartments  for 
the  said  attorney  and  counsel  in  the  City  Hall,  with  all  the  necessary 
furniture  and  stationery,  and  shall  allow  and  pay  the  said  attorney 
and  counsel  such  further  sum  as  may  be  necessary,  not.  to  exceed  two 
thousand  five  hundred  dollars  annually  (to  be  paid  quarterly,)  in  full 
for  the  services  of  any  attorney  or  clerk  he  may  employ,  which  salary 
shall  be  in  lieu  of  all  fees  and  perquisites  whatever  as  such  attorney 
and  counsellor,  and  he  shall  hold  his  office  for  the  term  of  one  year 
from  the  time  of  his  appointment. 
Remission  of  §  19.  No  fines  imposed  for  a  violation  of  any  of  the  ordinances, 
fiues  by-laws  or  regulations  of  the  common  council  shall  be  remitted  by 
the  mayor  until  after  having  received  the  advice  in  writing  of  the 
said  attorney  and  counsellor.  And  no  deed  of  cession  of  any  sireet 
or  parts  of  streets,  avenues,  lanes,  roads  or  parks,  shall  be  accepted 
by  the  said  common  council  until  the  title  of  the  parties  ceding  the 
lands  on  the  same  shall  have  been  examined  and  ascertained  by  the 
said  attorney  and  counsellor,  and  he  shall  report  to  the  common 
council  such  fact  in  writing.    The  fees  and  expenses  thereof  to  be 


23 


paid  by  the  parties  executing  the  deed  of  cession,  which  said  fees 
and  expenses  shall  be  paid  into  the  treasury  for  the  use  of  the  city. 

§  20.  The  city  clerk  shall,  in  addition  to  the  duties  in  this  act  re-  j^*1^' 
quired  of  him,  have  charge  of  all  the  papers  and  documents  of  the 
city,  countersign  all  licenses  granted  by  the  mayor  or  board  of  ex- 
cise, and  keep  the  record  of  the  proceedings  of  the  common  council. 
He  shall  perform  all  the  duties  of  the  clerks  o(  the  several  towns  of 
this  state,  not  inconsistent  with  this  act.  He  shall  engross  all  the 
ordinances  of  the  common  council,  in  a  book  to  be  provided  for  that 
purpose,  with  proper  indexes,  which  book  shall  be  deemed  a  public 
record  of  such  ordinances,  and  each  ordinance  shall  be  signed  by  the 
mayor  or  acting  mayor  and  said  clerk.  Copies  of  all  papers  duly 
filed  in  his  office,  and  transcripts  thereof,  and  of  the  records  of  pro- 
ceedings of  the  common  council,  and  copies  of  the  laws  or  ordinances 
of  the  said  city,  certified  by  him  under  the  corporate  seal,  shall  be 
evidence  in  all  courts  and  places  of  the  matters  therein  contained. 
He  shall  also  receive  and  p;iy  over  to  the  treasurer  all  moneys  which 
b.  any  l;iw  or  usage  are  paid  to  the  clerk  of  the  city. 

§21.  The  common  council  shall  annually  appoint  so  many  city  pity  survey- 
surveyors  as  it  shall  deem  proper,  and  fix  their  compensation  for  ser- ors- 
vices  in  the  opening  or  grading  of  any  street,  avenue,  square,  or 
making  any  other  local  improvement,  and  in  all  other  cases  in  which 
they  may  be  employed  by  the  common  council,  and  shall  require 
from  them  bonds  with  such  penalties  as  they  may  deem  sufficient  to 
secure  ihe  faithful  performance  of  all  their  duties. 

§22.  There  shall  be  annually  elected,  in  each  ward,  one  consta- Constables, 
ble,  who  shall  perform  such  duties  as  are  by  law  prescribed  to 
constables  in  other  towns  and  counties  of  the  state.    He  shall  not  be 
considered  as  attached  to  the  police  force,  except  when  specially  re- 
quired by  the  mayor  or  chief  of  police. 

§  23.  The  official  term  of  the  several  persons  who  shall  be  elected  officii  term 
in  pursuance  of  this  act  shall  commence  on  the  first  Monday  0fof(jfflce- 
January  next  after  their  election,  except  the  term  of  office  of  the 
collectors  of  taxes  and  assessments,  whose  term  of  office  shall  com- 
mence on  the  first  day  of  July  after  their  election  ;  and  the  official 
terms  of  all  persons  who  shal:  be  appointed  to  any  office  or  place,  in 
pursuance  of  this  act,  shall  commence  as  follows: 

1.  Such  as  are  required  to  give  security  for  the  performance  of  their 
duties  from  the  time  such  security  shall  be  given  and  approved  of. 

2.  Such  as  are  not  required  to  give  security  from  the  time  they 
shall  have  taken  and  filed  the  oath  hereafter  mentioned. 

§  24.  The  common  council,  in  a  meeting  on  the  first  Monday  ofAppoint- 
January,  or  as  soon  thereafter  as  practicable,  at  which  the  mayor  orJJJ^"^ 
president  of  the  common  council  shall  preside,  and  from  time  to  time 
as  may  be  necessaiy,  shall  by  ballot  appoint  a  suitable  person  as  clerk, 
attorney  and  counsellor,  one  health  officer,  and  a  messenger  to  the 
said  common  council,  and  a  keeper  of  the  city  hall,  two  inspectors  of 
pavements  for  the  western  district  and  one  for  the  eastern  district, 
and  shall  also,  by  ballot  or  otherwise,  as  they  may  determine,  ap- 
point so  many  fire-wardens,  pound-masters,  clerks  of  markets,  inspec- 


24 


Sureties  of 
constables. 


tors  of  meats,  surveyors,  sealers  of  weights  and  measures,  and  clerks 
of  departments  as  they  shall  deem  it  expedient  to  appoint.  All  per- 
sons so  appointed  shall  hold  their  respective  offices  until  the  first 
Monday  of  January  next  after  their  appointment,  and  until  their  suc- 
cessors shall  have  been  appointed  and  have  qualified,  unless  sooner 
removed  for  official  misconduct. 
Sureties.  §  2o.  The  treasurer  of  the  city,  comptroller,  collector  of  taxes  and 
assessments,  auditor,  street  commissioner,  city  clerk,  the  attorney  and 
counsellor,  and  such  other  officers  as  the  common  council  shall  direct, 
shall  severally  execute  a  bond  to  the  corporation,  in  such  penalty  as 
the  said  common  council  shall  require,  except  as  herein  otherwise 
provided,  with  such  sureties  as  said  common  council  shall  approve, 
conditioned  for  the  faithful  performance  of  their  respective  duties, 
and  for  accounting  and  paying  over  all  moneys  by  them  respectively 
received  in  their  official  capacities.  In  case  such  officers  shall  re- 
fuse or  negle  ct,  for  ten  days  after  they  are  notified  of  their  election  or 
appointment,  to  execute  and  deliver  to  the  city  clerk  the  bond  herein 
required,  such  neglect  or  refusal  shall  be  immediately  reported  to  the 
said  common  council,  who  may  declare  such  office  vacant,  and  forth- 
with proceed  to  appoint  another  in  his  place. 

§  26.  The  constables  elected  by  trie  several  wards  shall  also,  with 
such  sureties  as  the  said  common  council  shall  approve,  severally 
execute  and  deliver  to  said  corporation  a  bond  for  the  faithful  per- 
formance of  their  duties,  and  for  the  due  payment,  to  every  person 
who  may  be  entitled  thereto,  of  all  such  sums  of  money  as  such  con- 
stable may  become  liable  to  pay  by  means  or  on  account  of  any 
execution  or  other  process  which  shall  be  delivered  to  him  for  col- 
lection. 

$  27.  The  sureties  referred  to  in  the  last  two  preceding  sections 
shall  justify  in  such  form  as  the  common  council  shall  prescribe,  and 
the  bonds  thereby  required,  after  having  been  duly  approved,  shall 
be  filed  in  the  office  of  the  city  clerk,  except  that  the  bond  of  the 
city  clerk  shall  be  filed  in  the  office  of  the  comptroller,  before  any 
one  of  the  officers  required  to  execute  the  same  shall  enter  upon  the 
duties  of  their  respective  offices. 

$  28.  Eveiy  person  elected  or  appointed  to  any  office  in  pursuance 
of  this  act,  or  of  any  law  or  ordinance  of  the  common  council,  shall, 
before  he  enters  upon  the  duties  of  such  office,  take  and  subscribe, 
before  the  mayor,  city  clerk  or  some  person  authorized  to  administer 
the  same,  the  constitutional  oath  of  office  of  this  state,  and  file  the 
same  in  the  office  of  the  city  clerk  ;  and  if  any  such  person  shall 
neglect  to  take  such  oath  for  ten  days  after  receiving  notice  of  his 
election  or  appointment,  or  shall  neglect  for  the  like  space  of  time  to 
give  such  security  as  may  be  required  of  him,  he  shall  be  considered 
as  having  declined  such  office,  and  the  same  shall  be  deemed  vacant ; 
and  if  and  whenever  any  vacancy  shall  occur  in  any  of  the  offices  to 
which  by  this  act  the  common  council  may  make  appointments,  it 
shall  proceed  to  appoint  suitable  persons  to  fill  such  vacancies. 
Salaries.  $  The  common  council  shall  grant  and  pay  to  the  mayor, 
comptroller,  auditor,  street  commissioner,  chief  of  police,  collectors  of 


Amount  of 
surety. 


Oath  of 
office. 


cies. 


25 

taxes  and  assessments,  attorney  and  counsellor,  treasurer  and  all  other 
officers,  assessors,  commissioners,  clerks  or  other  subordinates,  elected 
or  appointed  under  or  in  pursuance  of  this  act  (except  to  aldermen 
and  supervisors,)  such  stated  salaries  as  it  may  from  time  to  time 
deem  proper  or  shall  be  fixed  by  this  act ;  but  such  salaries  shall  be 
instead  of  all  fees  and  perquisites  whatever,  for  services  performed  by 
such  officers  ;  and  all  such  fees  and  perquisites  shall  be  collected  and 
paid  to  the  treasurer  of  the  city  for  the  use  of  the  city  by  every  such 
officer  and  clerk  monthly,  under  oath,  to  be  filed  with  the  comptroller 
before  he  shall  be  entitled  to  receive  any  such  salary,  but  no  officer's 
salary  shall  be  either  increased  or  diminished  after  his  election  and 
during  his  continuance  in  office. 

^  30.  Any  officer  elected  under  this  act  may  resign  his  office  by  Resignations 
giving  notice,  in  writing,  of  his  intention  to  the  city  clerk  and  pub-  a 
lishing  a  copy  of  such  notice  in  the  corporation  newspapers  ;  and  any 
officer  failing  to  discharge  the  duties  of  his  office  for  the  space  of  one 
month  shall,  unless  excused  by  the  common  council,  be  deemed  to 
have  resigned.  Whenever  a  vacancy  shall  occur  in  any  of  said  offices, 
except  in  the  office  of  an  alderman,  whether  caused  by  death,  removal 
or  otherwise,  the  common  council  may  proceed,  by  ballot,  to  fill  the 
vacancy  until  the  next  ensuing  charter  election,  when  a  person  shall 
be  elected  for  the  balance,  if  any,  of  the  term  so  vacated. 

§  31.  Any  officer,  except  the  mayor,  may  be  removed  from  office  Removals, 
for  misconduct  by  the  resolution  of  the  common  council,  provided  that 
no  such  removal  shall  take  place  until  the  party  sought  to  be  removed 
has  had  an  opportunity  to  be  heard  on  his  defence,  nor  unless  two- 
thirds  of  all  the  members  elected,  respectively,  vote  therefor.  When- 
ever any  such  removal  shall  take  place,  the  cause  therefor,  together 
with  the  ayes  and  noes  upon  the  vote  taken,  shall  be  entered  at  large 
upon  the  journal  of  the  common  council. 

§32.  If  any  person,  having  been  an  officer  of  said  city,  shall  not,  penalty  for 
within  ten  days  after  he  shall  have  vacated  or  been  removed  from  the  ?ot  deliyer- 

10°"  over 

office,  and  upon  notification  and  request  by  the  city  clerk,  or  within  books  and 
such  time  thereafter  as  the  common  council  shall  allow,  deliver  over  PaPers- 
to  his  successor  in  office  all  the  property,  books  and  papers  belonging 
to  the  city,  or  appertaining  to  such  office,  in  his  possession  or  under 
his  control,  he  shall  forfeit  and  pay  to  the  city  the  sum  of  five  hundred 
dollars,  to  be  sued  for  and  recovered  with  costs. 

$  33.  No  member  of  the  common  council  shall,  during  the  period  Members  of 
for  which  he  was  elected,  be  appointed  to  or  competent  to  hold  any  JJJJJgTeB*. 
office  the  emoluments  of  which  are  paid  from  the  treasury ;  or  be  tain  disabiii- 
directly  or  indirectly  interested  in  any  contract,  work  or  business,  or ties" 
the  sale  of  any  article,  the  expense,  price  or  consideration  of  which  is 
paid  from  the  said  city  treasury,  or  by  any  assessment  levied  by  any 
act  or  ordinance  of  the  said  common  council ;  nor  shall  any  such 
member  be  directly  or  indirectly  interested  in  the  purchase  of  any  real 
estate  or  property  belonging  to  the  corporation,  or  which  shall  be  sold 
for  taxes  or  assessments,  or  become  security  for  any  officer  appointed 
by  said  common  council,  or  for  any  contractor  under  the  city  gov- 
ernment. 

4 


26 


Districts. 


Supervisors.  $  34.  There  shall  be  elected  annually  in  each  ward,  at  the  same 
time  with  the  other  city  officers,  a  supervisor,  who  shall  possess  all  the 
powers  and  be  entitled  to  the  compensation  of  a  supervisor  of  the 
county  of  Kings  ;  and  the  said  supervisor  shall  possess  the  powers  and 
perform  the  duties  in  the  city  court  of  Brooklyn  now  invested  by  law 
in  the  aldermen  of  said  city. 

§  35.  That  portion  of  the  city  lying  south  and  west  of  the  Navy 
Hospital  and  Flushing  avenue,  shall  be  denominated  the  Western 
District ;  and  the  present  city  of  "Williamsburgh  and  the  town  of 
Bushwick,  and  that  portion  of  the  city  of  Brooklyn  lying  north  and 
east  of  the  Naval  Hospital  and  Flushing  avenue,  shall  be  denominated 
the  Eastern  District. 

§36.  The  jurisdiction  of  "  the  city  court  of  Brooklyn"  is  hereby 
extended  to  the  city  hereby  incorporated,  and  the  powers  of  said  court 
and  of  the  judge  thereof  shall  be  the  same  as  if  the  city  hereby  incor- 
porated had  been  included  in  the  act  establishing  said  court  and 
amending  the  same.  The  election  of  city  judge  shall  be  held  at  the 
general  election  in  November,  1854,  and  at  the  general  election 
every  six  years  thereafter. 


The  city 
court  of 
Brooklyn 


Laying  out 
of  streets. 


Petition. 


TITLE  IV. 

OF  ASSESSMENTS  FOR  PUBLIC   OR  LOCAL  IMPROVEMENTS. 

Section  1.  The  common  council  shall  have  power,  under  the  re- 
strictions and  limitations  hereinafter  mentioned,  to  cause  streets  and 
avenues  to  be  opened  and  widened,  and  to  be  regulated,  graded  and 
paved,  and  to  cause  public  squares  and  parks  to  be  opened,  regulated, 
ornamented  and  protected,  and  streets  and  avenues  to  be  kept  in 
repair,  and  from  time  to  time  to  be  repaved,  or  regraded  and  repaved  ; 
to  close  up  and  discontinue  roads,  streets,  lanes  and  avenues  ;  to  pro- 
vide that  lamp  posts  and  lamps  be  erected,  and  cisterns  made  for  the 
purpose  of  furnishing  water  in  case  of  fire ;  to  cause  sewers  and 
drains,  wells  and  pumps  to  be  constructed  and  repaired,  and  generally 
to  have  such  other  improvements  in  and  about  such  streets,  avenues 
and  squares  as  the  public  want  and  convenience  shall  require.  The 
expense  of  all  such  improvements  (except  for  repairs)  shall  be  assessed 
and  be  a  lien  on  the  property  benefitted  thereby,  in  proportion  to  the 
amount  of  said  benefit.  In  all  cases  where  the  common  council  shall 
decide  upon  the  grading  and  paving  any  street  or  avenue,  they  shall 
cause  a  sufficient  number  of  culverts  or  drains  to  be  constructed 
under  such  street  or  avenue  as  may  be  necessary  to  carry  off  the 
surface  water  of  the  lands  which  shed  their  water  across  the  line  of 
such  street  or  avenue. 

§  2.  No  proceedings  shall  be  taken  to  open  any  street,  park, 
avenue  or  square,  unless  upon  petition,  signed  by  a  majority  of  the 
persons  owning  land  situated  on  the  line  of  the  said  improvement ; 
and  all  streets  and  squares  now  opened  or  used  as  such,  and  streets 
and  squares  to  be  opened  and  widened  by  the  proceedings  under 
these  provisions,  or  to  be  ceded  to  and  accepted  by  the  common 
council,  shall  be  under  the  jurisdiction,  management  and  control  of 


27 


the  said  common  council  for  the  purpose  of  making  the  improvements 
before  mentioned,  as  the  public  wants  and  convenience  shall  require, 
and  for  all  purposes  mentioned  in  or  necessary  for  the  fully  carrying 
into  effect  all  the  provisions  in  this  act,  and  the  powers  granted  to 
the  common  council  by  this  or  any  other  act. 

$  3.  Whenever  a  petition  for  opening  or  widening  any  street,  road,  Proceedings 
avenue,  park  or  square  in  said  city,  signed  by  a  majority  of  the  per- on  Petmon- 
sons  owning  land  situated  on  the  line  of  the  same,  shall  be  presented, 
the  common  council  of  said  city  shall  cause  a  notice  to  be  published, 
in  two  of  the  newspapers  published  in  said  city,  that  such  application 
has  been  made,  and  of  the  time  (which  shall  not  be  less  than  twenty 
days  after  the  first  publication  of  such  notice)  when  they  will  proceed 
on  said  petition,  which  notice  shall  be  published  daily  for  two  weeks 
successively  ;  and  unless  a  remonstrance,  signed  by  a  majority  of  the 
persons  who  will  be  assessed  for  the  expenses  thereof,  shall  be  pre- 
sented to  them  on  or  before  the  day  specified  in  said  notice,  and  if 
they  shall  deem  the  application  proper,  they  may,  on  the  day  specified 
in  said  notice,  or  as  soon  thereafter  as  may  be,  by  a  resolution,  decide 
to  allow  such  improvement  to  be  made.  Before  giving  notice  of  the 
pendency  of  such  application,  the  common  council  shall  fix  the  limit 
or  district  of  assessment  beyond  which  the  assessment  shall  not 
extend ;  and  a  description  of  such  limit  or  district  shall  be  inserted  in 
and  form  part  of  such  notice.  If  the  common  council  shall  deem  it 
proper  to  permit  such  improvements  to  be  made,  they  shall  cause 
application  to  be  made  to  the  county  court  of  the  county  of  Kings,  or 
in  case  of  the  disability  of  the  county  judge,  by  reason  of  interest  or 
otherwise,  then  to  the  supreme  court  at  a  special  term  held  in  the 
county  for  the  appointment  of  three  persons  as  commissioners  to 
estimate  and  assess  the  expense  of  said  improvement,  the  amount 
of  damages  and  benefit  to  be  sustained  and  derived  therefrom  by  the 
owners  of  such  lands  and  buildings  as  may  be  affected  thereby.  The 
persons  so  appointed  shall  not  be  interested  in  the  improvement.  The 
said  court  may  also  appoint  another  or  others  to  act  in  the  place  of 
any  one  or  more  of  such  commissioners  who  may  die,  decline  serving, 
remove  from  the  city,  be  or  become  interested  in  the  improvement,  or 
from  any  cause  may  be  disabled  from  serving. 

$  4.  The  persons  so  applying,  and  who  shall  have  signed  a  petition  Expenses  in 
for  any  such  improvement,  shall  be  chargeable  with,  and  are  hereby  case  prayer 
declared  liable  for  all  charges  and  expenses  which  may  accrue  on  defied!1011 " 
such  application,  if  the  same  is  refused  by  the  common  council ;  and 
also  for  all  costs,  fees,  damages  and  expenses  which  shall  not  be  col- 
lected on  any  proceedings  instituted  under  any  such  petition  or  peti- 
tions by  the  common  council. 

§5.  The  common  council  of  the  city  of  Brooklyn  shall  cause  aMapsofpre. 
map  to  be  made  under  the  direction  of  the  street  commissioner,  by  a  mises  to  ba 
competent  surveyor,  on  which  map  shall  be  designated  by  feet  andtaken* 
inches,  as  near  as  may  be,  the  several  pieces  of  land  and  premises 
necessary  to  be  taken  for  the  improvement,  and  of  any  residue  of  lots 
or  pieces  of  land,  within  the  district  of  assessment,  of  which  only  a 
part  will  be  required  of  the  same  ;  and  also  the  several  pieces  of 


28 


Commission' 
ers  to  be 
sworn. 


Report  of 
commis- 
sioners. 


Residue  ofj 
lots  injured. 


land  and  premises  within  the  district  of  assessment  laid  out  by  the 
said  common  council,  which  said  several  pieces  of  land  shall  be 
numbered  in  figures  from  one  upwards  ;  and  the  map  aforesaid  shall 
form  and  constitute  a  part  of  the  report  of  the  commissioners  of  esti- 
mate and  assessment,  and  shall  be  deposited  with  the  report  for 
examination  in  the  office  of  the  clerk  of  the  county  of  Kings. 

§  6.  The  said  commissioners  shall  be  sworn,  before  some  officer 
authorized  to  administer  oaths,  faithfully  and  impartially  to  perform 
the  duties  which  shall  devolve  upon  them  by  virtue  of  said  appoint- 
ment, and  shall  then  proceed  with  all  reasonable  diligence  to  make 
the  estimate  and  assessment  mentioned  in  the  preceding  section  ; 
and  for  this  purpose  they  shall  have  power  to  enter  upon  and  exam- 
ine any  premises  which,  in  their  opinion,  will  be  affected  by  said 
improvement,  to  hear  the  proofs  and  allegations  of  the  parties  inter- 
ested at  such  time  and  place  as  they  may  appoint,  and  to  continue 
such  hearing  by  adjournment  from  time  to  time  as  they  may  deem 
proper. 

§  7.  The  report  of  said  commissioners  shall  be  made  in  a  tabular 
form,  with  columns,  in  which  shall  be  distinctly  given  the  whole  ex- 
pense of  the  proposed  improvement,  and  the  several  items  thereof, 
the  number  on  the  map  of  the  pieces  of  land  required  for  the  im- 
provement, and  of  any  residue,  lots  or  pieces  of  land,  within  the 
district  of  assessment,  of  which  only  a  part  will  be  required  for  the 
same ;  the  number  of  the  pieces  of  land  assessed  for  benefits ;  the 
names  of  persons  interested  in  the  property  taken  or  assessed  for  the 
improvement ;  the  amount  awarded  to  the  different  parties  inter- 
ested in  the  lands  and  premises  required  for  the  improvement ;  the 
amount  assessed  on  each  piece  of  land,  and  on  the  different  interests 
therein  ;  the  balance  of  award  to  be  received  by  the  respective 
parties  over  the  assessment ;  the  balance  of  assessment  to  be  paid  by 
each  individual  whose  assessments  amount  to  more  than  the  award  ; 
and  so  many  and  such  other  different  columns  and  tabular  state- 
ments as  may  be  necessary  to  designate  the  true  interests  of  the 
parties  in  the  lands  and  premises  required  for  the  improvement  and 
their  liabilities  in  relation  thereto. 

§  8.  When  a  residue  shall  be  left  of  any  lot  or  lots  necessary  to  be 
taken  for  such  improvement,  the  said  commissioners  may,  in  cases 
where  injury  or  injustice  would  otherwise  be  done,  and  with  the  con- 
sent, in  writing,  of  the  owner  or  owners  of  such  lot  or  lots,  include 
the  whole  or  any  part  of  such  residue  in  their  report  (briefly  descri- 
bing the  same,)  and  estimate  separately  the  value  thereof.  Every 
such  residue  or  part  of  a  residue,  which  shall  be  so  included,  shall, 
upon  the  confirmation  of  said  report,  as  hereinafter  provided,  and  the 
payment  or  tender  of  the  amount  at  which  the  same  shall  be  so  esti- 
mated to  the  owner  or  owners  thereof,  vest  in  fee  simple  in  the  city 
of  Brooklyn,  who  shall  thereupon  sell  and  dispose  of  the  same,  at  a 
price  or  prices  not  less  than  the  sum  at  which  it  shall  have  been  so 
estimated,  to  the  owner  or  owners  of  the  next  adjacent  lands ;  and 
if  he  or  they  shall  not  upon  reasonable  notice,  to  be  determined  by 
the  common  council  of  said  city,  elect  to  take  the  same  at  such  price 


s 


29 


or  prices,  it  shall  be  disposed  of  at  public  auction,  upon  such  notice 
as  the  common  council  shall  deem  proper,  for  the  best  price  or  prices 
that  can  be  obtained  for  the  same.  In  case  the  same  shall  sell  for  a 
less  sum  than  that  at  which  its  value  was  estimated  by  the  commis- 
sioners, the  deficiency  shall  be  deemed  a  part  of  the  general  amount 
of  loss  and  expense  arising  from  the  improvement.  And  for  the  pur- 
pose of  providing  for  the  event  of  such  deficiency,  and  for  the 
payment  of  the  amount  thereof,  the  commissioners  shall  include,  in 
the  estimate  and  assessment  of  the  expense  of  such  improvement, 
the  estimated  value  of  any  such  residue,  or  part  of  a  residue,  which 
may  be  included  as  aforesaid  in  their  report,  and  upon  the  sale  of  the 
same,  as  above  provided,  the  proceeds  thereof  shall  be  credited  and 
allowed  to  each  of  the  persons  assessed,  in  proportion  to  the  amount 
of  the  respective  assessments  against  them. 

§  9.  In  other  cases  in  which  part  only  of  the  land  and  premises  of  Estimate  of 
any  person  or  persons  will  be  required  for  any  such  proposed  im-  benefit- 
provement,  the  fair  estimated  benefit  to  be  derived  by  him,  her  or 
them,  in  common  with  others,  for  the  said  improvement,  shall  be 
assessed  and  be  a  lien  upon  the  residue  of  such  land  and  premises, 
but  such  assessment  shall  in  no  case  exceed  the  value  of  such  resi- 
due ;  and  if  in  the  opinion  of  the  court  to  whom  the  said  report  shall 
be  presented  for  confirmation,  as  hereinafter  provided,  any  assessment 
shall  exceed  such  value,  it  shall  be  good  cause  against  confirming 
the  said  report. 

§  10.  When  all  the  land  and  premises  of  any  person  or  persons  will  Estimated 
be  required  for  the  contemplated  improvement,  or  where  part  only  damages, 
thereof  will  be  required,  and  the  estimated  damages  to  be  sustained 
by  the  appropriation  of  such  part  to  the  purposes  thereof  shall  exceed 
the  fair  estimated  benefit  which,  in  common  with  others,  he,  she  or 
they  will  derive  from  the  said  improvement,  the  amount  of  the  esti- 
mated damages  in  the  first  case,  and  of  the  excess  of  such  estimated 
damages  in  the  last,  shall  be  assessed  and  be  a  lien  on  other  lands 
and  premises,  according  to  the  estimated  benefit  to  be  derived  from 
the  said  improvement. 

§11.  The  said  commissioners  shall  also  estimate  in  their  said  report  Damages  by 
any  damages  arising  from  the  said  improvement  which  may  be  sus-  j^rgvening 
tained  by  the  owner  or  owners  of  any  land  bounded  on  public  high- 
way by  reason  of  the  location  of  the  proposed  street,  avenue  or  square, 
in  such  manner  as  to  interpose  the  land  of  any  other  person  between 
such  proposed  street,  avenue  or  square  and  the  said  highway  ;  and 
the  amount  of  such  estimated  damages  shall  be  assessed  and  be  a  lien 
on  other  lands  and  premises,  according  to  the  benefit  to  be  derived  by 
them  respectively  from  the  said  improvement. 

§  12.  After  said  report  shall  be  completed,  it  shall  be  filed  by  theNoticeof 
said  commissioners  in  the  office  of  the  clerk  of  the  county  of  Kings,  meeting  to 
They  shall  then  cause  a  notice  to  be  published  that  the  same  has  been revlse  repor 
completed  and  filed,  and  that  they  will  meet  at  a  time  and  place 
therein  to  be  specified,  not  less  than  ten  days  from  the  first  publication 
of  such  notice,  to  review  their  report.    During  that  time  the  said 
report  may  be  examined,  free  of  expense,  by  all  persons  interested ; 


30 


and  at  the  time  and  place  so  specified  any  person  may  offer  objections 
in  writing  to  the  said  report,  and  accompany  the  same  with  such  affi- 
davits as  he  may  think  proper.  The  said  commissioners  shall  there- 
upon, or  as  soon  as  conveniently  may  be  thereafter,  review  their  said 
report,  and  correct  the  same  where  they  shall  deem  it  proper,  and 
shall  then  again  file  the  same  in  the  office  of  the  clerk  of  the  said 
county  of  Kings.  The  common  council  shall  then  cause  a  notice  to 
be  published,  in  the  newspaper  or  newspapers  employed  by  the  said 
corporation,  that  the  said  report  has  been  so  completed  and  filed,  and 
that  appli cation  will  be  made  on  behalf  of  the  said  common  council 
to  the  county  court  of  the  county  of  Kings,  or  to  the  supreme  court  at 
one  of  the  special  terms  thereof,  the  time  to  be  specified  in  such  notice 
(and  in  either  case  not  less  than  ten  days  from  first  publication 
thereof,)  to  have  said  report  confirmed.  During  the  said  space  often 
days  the  said  report  shall  remain  open  to  the  inspection,  free  of  ex- 
pense, of  all  persons  interested ;  and  any  such  person  may,  within  that 
time,  appeal  from  said  report.    Such  appeal  shall  be  by  notice,  to  be 

Appeal  served  on  the  clerk  of  the  said  common  council  within  the  period  last 
mentioned,  and  at  least  six  days  before  the  time  at  which  the  said 
report  is  to  be  presented  to  the  court  for  confirmation,  which  notice 
shall  be  accompanied  with  copies  of  the  affidavits  which  shall  have 
been  delivered  to  the  commissioners  (if  it  shall  be  intended  to  use  or 
to  refer  to  copies  thereof  on  such  appeal,)  and  also  with  a  brief  state- 
ment in  writing  of  the  grounds  of  objection  to  such  report,  and  of  the 
manner  in  .which  it  is  contended  that  the  same  ought  to  be  altered. 
§  13.  Such  appeal  shall  be  heard  by  the  court  to  which  the  said 

appeal  °  report  shall  be  presented  for  confirmation,  at  the  time  the  same  shall 
be  so  presented.  Copies  of  the  affidavits  which  shall  have  been  de- 
livered and  served  as  aforesaid  (but  no  others)  may  be  read  against 
confirming  the  said  report,  and  affidavits  may  be  also  read  to  sustain 
the  same  ;  but  no  cause  against  such  confirmation  shall  be  heard, 
except  an  appeal  shall  have  been  made  in  the  manner  provided  in 
the  preceding  section  of  this  act.  If  no  sufficient  reason  to  the  con- 
trary shall  appear  to  the  court,  they  shall  confirm  the  said  report ; 
or  if,  in  their  opinion,  the  same  ought  not  to  be  confirmed,  they  may 
refuse  so  to  do,  and  in  the  event  of  such  refusal  they  shall  in  the 
proper  cases  refer  it  back  for  revision  and  correction  to  the  same  or 
other  commissioners,  who  shall  proceed  to  revise  and  correct  the  same, 
and  cause  it,  or  a  new  report,  to  be  filed  in  the  office  of  the  clerk  of 
the  said  county.  The  common  council  shall  thereupon  cause  a  new 
notice  to  be  published,  in  the  manner  required  in  the  preceding  section 
of  this  act,  of  the  filing  of  such  report,  and  of  their  intention  to  apply 
for  the  confirmation  thereof.  The  said  report  may  be  appealed  from 
within  the  time  and  in  the  manner  provided  in  the  said  section,  and 
such  appeal  shall  be  proceeded  upon  and  the  said  report  again  dis- 
posed of  in  the  manner  directed  by  this  section  ;  and  so  often  as  any 
such  report  shall  be  referred  back  for  revision  and  correction,  the  like 
proceedings  shall  be  thereupon  had  as  are  provided  in  this  section 
upon  a  first  reference  back  to  the  said  commissioners.  In  cases,  how- 
ever, where  the  said  court  can  from  the  nature  of  the  case  and  shall 


31 


missioners. 


direct  specific  alterations  to  be  made  therein,  and  such  alterations 
shall  be  made  in  its  presence  or  during  the  same  term,  they  may 
thereupon  absolutely  confirm  the  said  report  without  further  notice. 

§14.  The  court  to  which  any  such  report  shall  be  presented  for  Costs  of  *p- 
confirmation  shall  have  power,  in  their  discretion,  to  award  costs pcal' 
against  the  appellant  in  cases  where  the  appeal  shall  not  be  prose- 
cuted or  sustained. 

§  15.  After  the  reports  of  the  commissioners  shall  be  confirmed,  the  confirmation 
said  reports  shall  be  delivered  to  the  common  council  of  said  city,  J° ^eaSment 
who  shall  be  thereupon  authorized  to  cause  such  improvements  to  be  ments. 
made.    At  such  time  within  the  space  of  thirty  days  next  after  the 
confirmation  of  the  said  report,  any  person  from  whom  any  assess- 
ment contained  therein  may  be  due  may  pay  the  amount  thereof, 
without  any  additional  expense  for  collecting,  to  the  collectors  of 
taxes  and  assessments,  and  in  the  manner  herein  and  by  this  act  pro- 
vided. 

§  16.  The  city  comptroller  shall  pay  to  the  persons  (or  to  the  attor-  J^™^  of 
neys  or  legal  representatives  of  such  persons)  to  whom  damages  may 
have  been  awarded  in  such  report  the  amount  of  such  damages,  with- 
out any  deduction  therefrom  by  way  of  fee  or  commission. 

§  17.  The  commissioners  of  estimate  and  assessment,  to  be  appoint- Pay  of  coin- 
ed as  aforesaid,  shall  be  allowed  two  dollars  for  each  and  every  day 
while  actually  and  necessarily  employed  in  and  about  their  duties  ; 
provided  they  shall  each  make  an  affidavit  that  they  and  each  of 
them  were  so  employed  for  four  hours  at  least  in  each  day,  except 
the  first  and  last  days,  on  which  they  shall  meet  and  present  their 
account  for  such  service,  so  verified,  to  the  proper  officers  for  taxa- 
tion ;  and  such  compensation,  and  the  fees  and  charges  of  surveyors 
and  other  persons,  shall  be  estimated  as  part  of  the  expenses  of  the 
improvement,  and  be  afterwards  taxed  or  certified  by  some  officer 
authorized  to  tax  costs  in  the  supreme  court  of  this  state. 

§  18.  If  the  estimate  of  the  expenses  shall  exceed  the  amount  of  Excess  of  es- 
expenses  which  shall  be  actually  incurred  in  making  the  improve-  expenses.6' 
ment,  such  excess  shall  be  refunded  or  allowed  to  the  persons 
assessed,  in  proportion  to  the  amount  of  their  respective  assessments. 

§  19.  In  any  case  of  opening,  widening  or  extending  any  street,  Guardians 
avenue  or  square,  road  or  highway,  under  the  provisions  of  this  act, for  infants- 
the  county  court  of  the  county  of  Kings,  or  the  county  judge  thereof 
in  term  or  vacation,  or  a  justice  of  the  supreme  court,  shall  have 
power,  on  application,  to  appoint  guardians  for  infants  or  other  in- 
competent persons,  in  the  nature  of  guardians  ad  litem,  to  protect 
their  interests  or  prosecute  appeals,  who  shall  be  entitled  to  receive 
five  dollars  for  their  services  and  attendance  before  the  commission- 
ers, and  no  other  fees  or  costs,  unless  upon  an  appeal,  in  which  case 
the  judge  who  shall  hear  the  appeal  shall  fix  upon  the  further 
amount  to  be  allowed  them,  if  any,  and  shall  certify  the  same. 

§  20 .  The  costs  and  fees  of  the  attorney  and  counsel  in  any  such  costs  and 
proceedings,  exclusive  of  his  disbursements,  shall  not  exceed  in  any  fees  ?f  Pr°- 
case  the  sum  of  two  hundred  dollars,  unless  on  appeal,  or  when  the 
report  is  sent  back  to  the  commissioners  ;  and  in  such  case  the  judge 


32 


Lien  of  as- 
sessments. 


Paving  and 

grading 

streets. 


Expense, 
how  assessed 


Notice  of 
assessment; 


Report  of 
committee 
to  common 
council. 


Correction 
of  assess- 
ment. 


who  heard  the  appeal  may  allow  such  further  sum  in  addition  to  the 
taxed  or  certified  bills  as  he  may  deem  just  and  proper  ;  and  such 
costs  and  fees  shall  be  paid  into  the  city  treasury  for  the  use  of  the 
city. 

$  21.  All  assessments  for  improvements  in  said  city,  when  the 
same  shall  have  been  confirmed  according  to  the  provisions  of  this 
act,  shall  constitute  and  be  a  lien  upon  the  property  assessed,  from 
the  time  of  such  confirmation,  which  lien  shall  have  priority  over  all 
other  liens  or  incumbrances. 

§  22.  The  board  of  assessors  shall,  under  such  regulations  as  they 
may  adopt,  and  by  at  least  three  of  their  number,  apportion  and 
assess  the  expense  of  regulating,  grading  and  paving,  or  regrading 
and  repaving  streets,  and  of  constructing  wells  and  pumps,  public 
cisterns,  sewers  and  drains,  lamp-posts  and  lamps,  flagging  sidewalks, 
fencing  and  filling  in  lots,  and  of  all  other  public  improvements,  ex- 
cept as  herein  otherwise  directed  ;  and  the  common  council  shall 
proceed  in  regard  to  the  assessments  therefor  in  the  manner  herein- 
after provided. 

§  23.  Upon  a  copy  of  the  resolution  of  the  common  council  deciding 
to  make  any  such  improvement  and  fixing  the  amount  to  be  assessed 
for  the  expense  thereof,  certified  by  the  city  clerk  and  approved  by 
the  mayor,  being  sent  to  the  board  of  assessors,  they  shall  thereupon 
proceed  to  view  the  premises,  and  shall  assess  the  expense  of  said  im- 
provement upon  the  several  lots,  pieces  or  parcels  of  land  benefitted, 
in  proportion  to  the  benefit  which,  in  their  opinion,  the  same  shall 
derive  from  or  in  justice  ought  to  be  assessed  for  the  said  improve- 
ment. 

$  24.  The  board  of  assessors  shall  make  a  report,  in  writing,  of  the 
assessment  so  made,  and  before  proceeding  to  sign  the  same  shall 
give  notice  in  the  corporation  newspapers  of  the  district,  which  notice 
shall  be  published  for  ten  days  successively,  of  the  time  and  place 
when  and  where  the  parties  interested  can  be  heard ;  and  after  hear- 
ing the  parties,  the  board  of  assessors  shall  proceed  and  complete  the 
report  and  sign  the  same,  and  return  the  said  report,  with  all  objec- 
tions in  writing  which  shall  be  presented  to  and  left  with  them  by 
any  of  the  parties  interested,  to  the  common  council,  who  shall  refer 
the  same,  in  case  of  any  objections  in  writing,  to  the  proper  commit- 
tee of  the  board.  The  said  committee  shall  publish  a  notice  in  the 
corporation  newspapers  of  the  district,  for  ten  days  successively,  to  the 
parties  interested,  of  the  time  and  place  when  and  where  they  will 
meet  to  hear  them  on  the  objections  and  report. 

§  25.  The  said  committee  shall  thereupon  examine  the  matter  and 
report  of  the  common  council,  and  shall  return  to  them  the  said  re- 
port of  the  board  of  assessors,  with  the  objections  of  the  parties, 
together  with  the  views  and  opinions  of  the  committee  respecting  the 
said  report. 

§  26.  The  common  council  shall  thereupon  examine  the  matter, 
and  may  correct  the  said  report  and  assessment,  send  it  back  to  the 
board  of  assessors,  or  confirm  the  same,  as  they  may  deem  just  and 


33 

proper,  and  their  confirmation  in  the  matter  shall  be  final  and  con- 
clusive. 

§  27.  And  the  like  proceedings  shall  be  had  when  the  report  of  the 
board  of  assessors  is  sent  back  as  in  the  first  instance. 

§28.  At  the  annual  election  for  charter  officers,  first  to  be  held  Election  of 
under  this  act,  there  shall  be  elected  from  each  ward  one  assessor.  asses80ra- 
The  assessors  so  elected  shall  constitute  a  board  of  assessors,  who 
shall  be  divided  into  two  classes;  the  assessors  of  the  first,  third, 
fifth,  seventh,  ninth,  eleventh,  thirteenth,  fifteenth  and  seventeenth 
wards  shall  form  the  first  class,  and  the  assessors  of  the  remaining 
wards  shall  form  the  second  class  ;  the  first  class  shall  hold  office  one 
year,  and  the  second  class  shall  hold  office  two  years  ;  but  after  the 
first  year  the  term  of  office  of  both  classes  shall  be  two  years. 

§  29.  The  said  assessors  shall  have  power  to  examine,  upon  oath,  Powers  of 
every  person  whom  they  shall  believe  ought  to  be  assessed  for  his  a"e8S0"- 
personal  property,  and  shall  also  have  power  to  examine,  under  oath, 
such'  other  persons,  as  witnesess  in  relation  thereto,  as  they  may 
deem  proper,  and  for  that  purpose  may  administer  oaths  and  issue 
process  to  compel  the  attendance  of  witnesses  before  them.  Any 
person  who  shall  refuse  to  make,  under  oath,  a  full  disclosure  of  all 
the  facts  necessary  to  enable  the  assessors  to  make  a  fair  and  just 
assessment  of  his  personal  property,  when  duly  called  upon  by  the 
assessors  to  do  so,  or  to  answer  such  questions  as  may  be  put  to  him 
in  relation  thereto,  shall  be  assessed  a  gross  sum,  which  in  their 
judgment  will  be  the  full  amount  of  his  personal  estate,  and  shall 
forfeit  for  one  year  all  the  rights  and  privileges  given  to  persons  ag- 
grieved by  the  assessment  of  assessors  by  the  law  "for  the  assessment 
and  collection  of  taxes." 

§30.  The  ward  maps  made  or  to  be  made  shall  be  filed  in  an  ward  mapi. 
office  to  be  provided  by  the  city  for  the  use  of  the  board  of  assessors., 
and  assessments  on  land  in  the  respective  wards  shall  refer  to  such 
maps,  except  in  cases  of  opening  streets,  avenues,  squares  and  parks  ; 
and  where  a  portion  of  any  lot  of  land  laid  down  on  said  maps  shall 
be  taken  for  any  improvement,  the  residue  shall  be  deemed  to  be  held 
for  any  assessment  thereon,  and  land  occupied  by  a  person  other  than 
the  owner  may  be  assessed  in  the  name  of  the  occupant. 

§31.  The  board  of  assessors  shall  elect  one  of  their  number  presi-  president  of 
dent,  and  appoint  a  competent  person  as  their  secretary,  who  shall board  ofa8' 
make  out  the  assessment  lists  under  the  direction  of  said  board,  and 
perform  such  other  duties  as  may  be  required  of  him  by  said  board  or 
the  common  council.  The  common  council  shall  provide  a  suita- 
ble room  for  said  assessors,  in  which  they  shall  transact  their  busi- 
ness ;  and  the  assessment  rolls  of  the  several  wards  when  completed 
shall  be  left  for  inspection  and  examination  by  any  person  interested, 
and  of  which  the  assessors  shall  give  due  notice,  as  required  by  law, 
and  the  said  assessment  rolls  shall  be  open  for  inspection  during 
thirty  days  from  the  time  of  the  first  publication  of  such  notice. 

§32.  The  common  council  shall  fix  an  annual  compensation  forpayof 
such  assessors  and  secretary,  to  be  levied  in  the  annual  tax,  and  may, 
5 


asses- 
sors. 


34 


Assessment 
laws. 


Streets  in 
first  five 
wards. 


by  ordinance,  regulate  the  duties  under  the  foregoing  provision,  and 
remove  such  assessors  for  incompetency  or  neglect  of  duty. 

§  33.  All  provisions  of  law  now  applicable  to  the  assessors  of  Brook- 
lyn, or  towns  of  this  state,  in  relation  to  the  assessment  and  collection 
of  taxes  in  said  city,  not  inconsistent  with  this  act,  are  hereby  declared 
to  apply  to  the  assessors  elected  under  this  act. 

§  34.  The  common  council  shall  have  power  to  lay  out  streets 
within  the  first  five  wards  of  the  city,  where  such  improvements  may 
be  deemed  proper,  although  the  same  have  not  been  laid  out  on  any 
public  map  of  the  town,  village  or  city  of  Brooklyn,  and  to  extend  or 
lengthen  streets  heretofore  laid  out  by  law  in  any  part  of  said  city, 
upon  the  written  application  of  a  majority  cf  the  persons  owning  the 
property  on  the  portion  of  the  street  to  be  added  by  such  extension. 
All  provisions  of  law  applicable  to  such  improvements,  and  to  the 
opening  and  subsequent  improvement  of  streets,  shall  be  applied  to 
the  streets  to  be  laid  out,  extended  or  lengthened ;  and  all  such  pro- 
visions are  hereby  extended  over  and  applied  to  the  land  covered 
with  water  between  the  line  of  bulkhead  as  now  actually  existing 
and  the  permanent  water  line  as  heretofore  established  by  law,  and 
lying  north  and  east  of  the  westerly  line  of  Fulton  street  continued 
out  to  such  water  line  ;  and  the  city  of  Brooklyn  shall  have  jurisdic- 
tion over  such  land  covered  with  water  for  the  purpose  of  making 
such  improvements. 


Election  of 
collectors. 


Bonds. 


TITLE  V. 

OF  THE  COLLECTION  OF  TAXES  AND  ASSESSMENTS. 

Section  1.  There  shall  be  elected  at  the  election  in  November, 
1854,  and  every  third  year  thereafter,  two  collectors,  who  shall  hold 
their  office  for  the  term  of  three  years  and  until  others  shall  be  elected 
in  their  place  and  be  duly  qualified,  one  of  whom  shall  reside  and 
keep  an  office  in  the  eastern  district  and  be  called  the  collector  of 
taxes  for  the  eastern  district  of  the  city  of  Brooklyn,  and  the  other 
shall  reside  and  keep  an  office  in  the  western  district  and  be  called 
the  collector  of  taxes  for  the  western  district  of  the  city  of  Brooklyn. 
The  common  council  shall  provide  suitable  offices,  which  shall  be 
kept  open  for  the  transaction  of  business,  during  such  hours  as  the 
common  council  shall  designate,  on  each  day  in  the  year,  except 
Sundays  and  such  holidays  as  shall  be  observed  by  the  general  custom 
of  said  city  or  by  recommendation  of  public  authority. 

$  2.  The  said  collectors  shall,  respectively,  execute  a  bond  to  the 
city  of  Brooklyn,  with  at  least  two  sureties,  who  shall  be  freeholders 
in  the  county  of  Kings,  in  such  penalty,  not  less  than  one  hundred 
thousand  dollars  for  the  collector  of  the  western  district,  and  sixty 
thousand  dollars  for  the  collector  of  the  eastern  district,  as  the  com- 
mon council  shall  direct,  conditioned  for  the  faithful  performance  of 
the  duties  of  their  office,  and  for  accounting  and  paying  over,  as 
directed  by  law,  all  moneys  which  shall  be  received  by  them  as  such 
collectors.  Such  sureties  shall  severally  justify,  under  oath,  to  be 
endorsed  on  said  bond,  in  sums  which,  together,  shall  constitute  at 


35 


least  double  the  amount  of  the  penalty  of  the  bond,  to  be  approved  by 
the  common  council.  The  bond  shall  be  filed  with  the  clerk  cf  the 
county  of  Kings  ;  and  if  not  filed  within  twenty  days  after  the  col- 
lectors shall  be  notified  of  their  election,  the  office  shall  be  deemed 
vacant ;  and  no  collector  shall  enter  upon  the  duties  of  his  office  until 
said  bond  shall  be  duly  executed,  approved  and  filed.  The  collector's 
sureties  shall  also  be  renewed  during  the  term  of  his  office,  whenever 
and  as  often  as  the  common  council  shall  direct,  and  if  not  so  renewed 
within  twenty  days  after  notice  to  the  collector,  his  office  shall  be 
deemed  vacant. 

$  3.  The  common  council  may,  by  resolution,  suspend  a  collectors  uspension 
for  official  neglect  or  misconduct,  in  which  case  they  shall  immedi- of  collectors- 
ately  cause  written  notice,  with  a  copy  of  the  charges  thereof,  to  be 
left  at  his  office  ;  they  shall  then  proceed  to  investigate  the  charges 
against  him,  and  if  such  charges  are  sustained  may  remove  him  from 
office  in  the  manner  hereinbefore  provided  for  the  removal  of  other 
officers  of  the  city  government. 

§  4.  Each  collector  shall,  as  soon  as  may  be  after  he  has  taken  upon  Assistant 
himself  the  execution  of  hi3  office,  appoint  some  proper  person  assistant  collectors, 
collector  of  taxes  and  assessments,  to  hold  his  appointment  during  the 
pleasure  of  such  collector,  and  he  shall,  as  often  as  a  vacancy  shall 
occur  in  the  office  of  assistant  collector,  appoint  another  in  his  place  ; 
and  whenever  a  vacancy  shall  occur  in  the  office  of  collector,  the  said 
assistant  collector  shall  execute  the  powers  and  discharge  the  duties 
of  collector  until  another  collector  shall  be  appointed. 

§  5.  Each  collector  may  also,  with  the  consent  of  the  common  Deputies, 
council,  appoint  as  many  deputies  as  he  may  think  proper,  who  shall 
hold  their  appointment  during  the  pleasure  of  the  common  council. 
Every  appointment  of  an  assistant  collector,  or  of  a  deputy  collector, 
shall  be  in  writing,  under  the  hand  and  seal  of  the  collector,  and  shall 
be  filed  in  the  office  of  the  clerk  of  the  county ;  and  every  such  assist- 
ant or  deputy  shall,  before  he  enters  on  the  execution  of  the  duties  of 
his  office,  take  the  oath  prescribed  in  the  constitution,  and  the  collector 
may  require  of  him  a  bond  and  sureties  for  the  performance  of  his 
duties.  Any  default  or  misfeasance  in  office  of  any  such  assistant  or 
deputy  shall  be  deemed  to  be  a  breach  of  the  condition  of  the  bond 
given  by  the  collector  who  appointed  him. 

§  6.  Each  assistant  collector  shall  have  the  same  power  as  the  col- Their 
lector,  except  that  of  the  appointment  of  deputies  ;  and  the  collector,  powers, 
assistant  collector  and  deputy  collectors  shall  have  the  same  powers  as 
the  collectors  in  the  several  towns  in  this  state  ;  but  such  assistants 
and  deputies  shall,  in  the  exercise  of  their  powers,  be  subject  to  the 
direction  and  control  of  the  collector. 

§7.  If  any  person  who  shall  have  become  surety  for  a  collector  shall,  Renewal  of 
by  notice  in  writing,  to  be  served  on  the  mayor  or  clerk  of  the  common  bond- 
council,  require  the  said  collector  to  renew  his  official  bond,  such  per- 
son shall  be  discharged  from  all  future  liability  as  such  surety  from 
and  after  the  settlement  of  the  accounts  of  the  collector  fbr  moneys 
received  prior  to  such  discharge,  who  shall  be  required  to  make  such 


36 


Expense  of 
collection. 


Embezzle- 
ment or 
loaning  of 
public 
moneys. 


Assessment 
rolls. 


Warrants. 


settlement  within  thirty  days  after  notice  from  the  common  council 
to  that  effect. 

§  8.  There  shall  be  added  to  and  included  in  every  tax  and  asses- 
ment  levied  and  assessed  in  the  city  of  Brooklyn  the  sum  of  five  per 
cent,  upon  the  amount  of  such  tax  and  assessment  for  the  expense  of 
collection,  which,  together  with  the  amount  to  be  added  for  neglect  to 
pay  within  the  time  specified  in  the  warrants  of  the  collectors,  as 
hereinafter  provided,  shall  be  for  the  use  of  said  city.  The  common 
council  shall  fix  the  salary  or  other  compensation  to  be  paid  to  the 
collectors,  their  assistants  and  deputies,  and  pay  the  same  to  them  out 
of  the  moneys  raised  by  tax  for  city  purposes ;  and  neither  the  said 
collectors  nor  their  assistants  or  deputies  shall  receive  any  other  or 
further  compensation  for  services  or  for  other  expenses  of  their  offices  ; 
but  the  common  council  shall  provide  for  said  collectors  all  necessary 
desks,  furniture,  fuel,  lights,  books  and  blank  forms. 

§  9.  If  any  collector,  assistant  collector  or  deputy  collector  shall 
convert  to  his  own  use,  in  any  way  whatever,  or  shall  use  by  way  of 
investment  in  any  kind  of  property  or  merchandize,  or  shall  loan,  in 
any  way,  any  portion  of  the  moneys  received  or  collected  by  him  as 
such  collector,  assistant  or  deputy  collector,  every  such  act  shall  be 
deemed  and  adjudged  to  be  an  embezzlement  of  so  much  of  said 
moneys  as  shall  be  thus  taken,  invested,  used  or  loaned,  v/hich  is 
hereby  declared  to  be  a  felony,  punishable  by  imprisonment  in  a  state 
prison  for  a  term  not  exceeding  five  years. 

§  10.  The  board  of  supervisors  of  the  county  of  Kings  shall  cause 
the  corrected  assessment  rolls  of  the  several  wards,  or  fair  copies 
thereof,  with  warrants  for  collection,  to  be  delivered  to  the  respec- 
tive collectors  on  or  before  the  first  day  of  October,  in  each  year  ;  and 
the  common  council  shall  cause  every  assessment  roll  made  for  any 
improvement  in  said  city,  or  fair  copies  thereof,  with  a  warrant  for 
collection,  to  be  delivered  to  said  collectors  within  ten  days  after  the 
same  shall  be  finally  confirmed.  But  no  warrant  for  the  collection  of 
any  assessment  shall  be  issued  by  the  common  council  until  all  the 
proceedings  had  in  laying  said  assessment  shall  have  been  examined 
and  certified  as  correct  by  the  street  commissioner  and  the  attorney 
and  counsel  of  the  city,  which  certificate  shall  be  endorsed  upon  or 
annexed  to  the  assessment  roll,  and  shall  be  conclusive  evidence  as  to 
the  regularity  of  the  proceedings. 

f  11.  The  warrants  of  the  board  of  supervisors  shall  be  under  their 
hands  and  seals,  or  the  hands  and  seals  of  a  majority  of  them,  and 
shall  require  the  collectors,  out  of  the  moneys  to  be  collected,  to  pay 
over  to  the  city  treasurer  such  sum  as  shall  be  raised  for  the  city  pur- 
poses, and  to  the  county  treasurer  the  residue  of  said  moneys  within 
one  hundred  and  eighty  days  from  the  date  of  such  warrants.  The 
warrants  of  the  common  council  shall  be  signed  by  the  mayor,  and 
shall  be  under  the  corporate  seal  of  the  city,  attested  by  the  clerk, 
and  shall  require  the  collectors  to  pay  the  moneys  to  be  collected  to 
the  city  treasury  within  one  hundred  and  twenty  days  from  the  date 
thereof;  and  to  collect  from  the  several  persons  named  in  the  assess- 
ment roll  annexed  thereto  the  several  sums  mentioned  in  the  last 


37 

column  of  such  roll  opposite  to  their  respective  names,  and  shall  not 
be  renewable  except  in  cases  where  the  collection  has  been  stayed  by 
any  legal  proceedings ;  and  in  such  cases  the  common  council  shall 
have  power,  after  the  cessation  of  such  stay,  to  cause  new  warrants 
to  be  issued  to  the  collectors  for  the  full  term  of  one  hundred  and 
twenty  days,  as  if  no  previous  warrant  had  been  issued.  This  pro- 
vision shall  apply  to  all  cases  where  the  collection  has  been  or  here- 
after may  be  stayed  by  any  legal  process  or  proceedings. 

§  12.  As  soon  as  practicable  after  the  annual  tax  rolls  shall  have  Abstract  of 
been  delivered  to  the  collectors,  they  shall,  in  books  to  be  provided roUs- 
for  that  purpose,  prepare  an  abstract  of  said  rolls,  adding  thereto  all 
taxes  and  assessments  as  shall  from  time  to  time  thereafter  become 
chargeable  upon  such  property,  to  the  end  that  said  abstract  shall  at 
ail  times  exhibit  in  a  condensed  from  all  existing  charges  against  the 
property  as  accurately  as  practicable. 

§  13.  The  collectors  shall  receive  the  taxes  and  assessments  men- Paying  over 
tioned  in  said  rolls,  and  shall  on  the  same  day  that  they  receive  the ofco""1" 
same  pay  over  to  the  city  treasurer  all  moneys  which  shall  have  been  lectors, 
received  by  them  for  taxes  and  assessments  for  city  purposes  or  for 
local  improvements,  and  render  to  the  comptroller  of  the  city  a  just 
and  true  account  of  the  same.    They  shall  also,  every  week,  and  as 
much  oftener  as  required  by  the  county  treasurer,  at  the  collector's 
office,  render  a  like  account  of  moneys  received  for  taxes  payable  to 
the  county  treasurer,  and  at  the  same  time  pay  over  such  moneys  to 
the  said  county  treasurer. 

§  14.  All  taxes  and  assessments,  which  shall  be  paid  to  the  col- Taxes  paid 
lectors  within  thirty  days  after  such  tax  or  assessment  roll  shall  have  ^J,1^"  lhlrty 
been  delivered  to  them,  shall  be  received  by  them  without  any  ad- 
ditional charge ;  on  all  taxes  or  assessments  which  shall  be  paid 
them  after  the  expiration  of  thirty  days,  and  within  sixty  days  after  sixty  day8- 
such  delivery,  they  shall  add  one  per  cent.,  and  one  per  cent,  shall  be 
added  for  every  thirty  days  thereafter  until  such  tax  or  assessment 
shall  be  paid  ;  when  such  per  centage  shall  amount  to  ten  per  cent., 
from  which  time  interest  at  the  rate  of  seven  per  cent,  per  annum 
shall  be  added. 

§  15.  If  any  of  the  taxes  mentioned  in  the  assessment  rolls  annexed  Taxes  un- 
to the  warrants  from  the  board  of  supervisors  shall  remain  unpaid  at  {gjddjyf r 
the  expiration  of  one  hundred  and  eighty  days  from  the  time  the  said 
assessment  rolls  shall  be  delivered  to  them,  and  the  collectors  shall 
not  be  able  to  collect  the  same,  they  shall  deliver  to  the  county  trea- 
surer an  account  of  the  taxes  so  remaining  due  in  their  respective 
districts,  with  an  affidavit  as  required  by  law  of  collectors  of  towns ; 
they  shall  respectively  be  credited  by  the  county  treasurer  with  the 
amount  thereof,  and  if  any  of  the  assessments  mentioned  in  the  as- 
sessment rolls  annexed  to  their  respective  warrants  from  the  common 
council  shall  remain  unpaid  at  the  expiration  of  the  said  one  hundred 
and  twenty  days,  and  the  collectors  shall  not  be  able  to  collect  the 
same,  they  shall  deliver  to  the  comptroller  of  said  city  an  account  of 
the  assessments  so  remaining  due,  with  an  affidavit  as  hereinafter 
mentioned. 


38 


Unpaid  tax- 
es credited 
to  collectors 


Collectors' 
bonds,  when 
to  be  sued. 


Treasurer 
and  comp- 
toller  may 
receive 
taxes. 


Rejection  of 
taxes  fo"  im- 
perfect de- 
scriptions. 


Rejected 
taxes  to  be 
relevied. 


Rejected  as- 
sessments. 


§  16.  The  county  treasurer  and  comptroller  respectively  shall,  upon 
receiving  such  account  of  unpaid  taxes  or  assessments,  compare  the 
same  with  the  original  tax  or  assessment  roll,  and  if  he  find  it  to  be 
a  true  transcript  thereof,  he  shall  add  to  it  a  certificate  showing  that 
he  had  compared  the  account  with  the  tax  or  assessment  roll,  and 
found  the  same  correct  ;  and  after  crediting  the  collector  wfth  the 
amount,  shall,  within  fifteen  days  after  receiving  such  account,  trans- 
mit the  account,  certified  as  aforesaid,  with  the  collector's  affidavit, 
back  to  the  collector  of  taxes  and  assessments  rendering  such  account . 

§17.  If  the  collectors  shall  refuse  or  neglect  to  pay  to  the  city 
treasurer  or  the  county  treasurer  the  sums  required  by  their  warrants 
respectively  to  be  paid  them  or  either  of  them,  or  to  account  for  the 
same  if  unpaid,  as  hereinbefore  provided,  within  twenty  days  after 
the  time  when  such  payment  ought  to  have  been  made,  the  common 
council  shall,  upon  receiving  notice  thereof  from  the  county  treasurer 
or  comptroller,  cause  the  bond  of  such  collector  to  be  put  in  suit,  and 
shall  be  entitled  to  recover  the  sum  due  from  such  collector,  with 
costs  of  suit ;  and  the  moneys  recovered  shall  be  applied  and  paid  by 
the  common  council  in  the  same  manner  in  which  it  was  the  duty 
of  the  collector  to  have  applied  and  paid  the  same. 

§  18.  The  county  treasurer  and  comptroller,  respectively,  may  re- 
ceive any  tax  or  assessment  while  such  accounts  are  in  their  hands, 
charging  the  additional  per  centage  thereon,  as  hereinbefore  provided. 
They  shall  give  a  receipt  for  such  payments,  and  make  return  thereof 
to  the  respective  collectors  of  taxes  and  assessments,  who  shall  note 
such  payment  on  the  original  tax  or  assessment  roll  or  copy  thereof 
in  their  offices. 

§  19.  Before  any  account  of  unpaid  taxes  shall  be  transmitted  by 
the  county  treasurer  to  the  collectors  of  taxes  and  assessments,  he 
shall  examine  them,  and  reject  all  taxes  which  shall  be  found  to  be 
charged  for  personality,  or  on  lands  imperfectly  described,  and  shall 
furnish  and  transmit  a  certified  statement  of  the  same  to  the  comp- 
troller and  the  respective  collectors  of  taxes  and  assessments,  and  the 
supervisors  of  the  county,  and  shall  from  time  to  time  furnish  to  the 
common  council  or  its  officers  a  full  statement  of  the  taxes  remaining: 
unpaid,  or  of  the  sale  of  any  lots  or  pieces  of  land  for  taxes,  as  may 
be  called  for  by  the  common  council. 

§  20.  The  said  supervisors  shall  cause  the  amount  of  rejected  taxes 
to  be  levied,  in  the  next  assessment  rolls,  on  the  taxable  property  of 
the  respective  wards  in  which  they  were  before  levied,  and  shall  di- 
rect the  same  to  be  collected  with  the  other  taxes  next  collected  in 
such  wards ;  and  the  board  of  assessors  shall  cause  said  descriptions 
to  be  corrected  in  the  next  assessment  rolls. 

§  21.  "Whenever  the  street  commissioner  and  the  attorneys  and 
counsel  of  the  city  shall  reject  any  assessments  for  local  improvements 
(which  they  are  hereby  authorized  and  empowered  to  do,)  they  shall 
forthwith  report  the  same  and  the  reasons  therefor  to  the  common 
council ;  and  the  common  council  shall,  in  case  they  shall  have  been 
rejected  for  irregularity  in  the  proceedings,  or  for  the  imperfect  de- 
scriptions of  the  lands,  cause  the  amount  thereof  to  be  reassessed  ; 


39 

and  the  common  council  are  hereby  authorized  and  empowered  to 
have  such  reassessments  made  in  the  same  manner  as  the  original 
assessment  should  have  been  made  ;  and  such  reassessment  shall 
have  the  same  effect  as  if  the  assessment  had  originally  been  properly 
made. 

§22.  The  common  council,  in  case  any  such  unpaid  assessments  Unpaid  as- 
shall  be  rejected  for  want  of  jurisdiction  in  making  the  improvement,^™"18^ 
shall  cause  the  expense  of  the  proceedings  and  all  damages  conse-  jurisdiction 
quent  thereon  to  be  added  to  the  amount  directed  to  be  laid  in  the 
next  annual  taxes  for  city  purposes,  and  when  collected  to  be  paid  to 
the  parties  who  shall  be  entitled  thereto.    Whenever  any  moneys  Reassess- 
shall  have  been  paid  for  an  assessment,  and  a  reassessment  shall  be ments- 
made  in  pursuance  of  this  section,  the  amount  shall  be  credited  on 
such  reassessment  to  the  property  on  which  the  assessment  was 
made  ;  and  in  case  of  any  alteration  on  the  reassessment,  whereby 
the  amount  so  paid  shall  exceed  the  amount  reassessed  on  the  same 
property,  such  surplus  shall  be  repaid  to  the  person  who  may  have 
paid  the  same  ;  and  in  case  it  shall  be  insufficient  to  pay  the  amount 
reassessed,  the  deficiency  shall  be  collected  in  the  same  manner  as 
other  assessments. 

6  23.  Upon  affidavit  being:  made  before  the  comptroller,  or  before  Unpaid  as- 
any  other  person  authorized  to  administer  oaths  in  the  county  of  real  estate. 
Kings,  by  the  collector  to  whom  any  warrant  for  the  collection  of 
any  assessments  shall  be  delivered  as  aforesaid,  his  assistant  or  one 
of  his  deputies,  that  the  sums  mentioned  in  any  such  account  of  as- 
sessments, rendered  to  the  comptroller,  by  him,  remain  unpaid,  and 
that  he  has  not,  upon  diligent  inquiry,  been  able  to  discover  any 
goods  or  chattels  belonging  to  or  in  the  possession  of  the  persons  re- 
siding in  the  city  of  Brooklyn  charged  with  or  liable  to  pay  such 
sum  whereon  he  could  levy  the  same,  and  that  within  forty  days 
after  the  warrant  was  delivered  to  him  he  caused  a  written  or 
printed  notice  to  be  served  personally  on  or  left  at  the  place  of  resi- 
dence of  the  person  or  persons  charged  with  or  liable  to  pay  such 
assessment,  if  a  resident  of  the  city,  or  if  not  a  resident  of  the  city, 
that  he  has  deposited  a  notice  in  one  of  the  post  offices  in  said 
city,  addressed  to  the  person  or  persons  assessed,  at  his,  her,  or  their 
last  known  place  of  residence,  and  that  he  has  also  caused  a  notice 
to  be  published  in  the  corporation  newspapers  of  the  district,  designa- 
ted as  provided  by  this  act,  once  a  week  for  six  weeks  successively 
prior  to  the  expiration  of  this  warrant,  which  notice  shall  contain  the 
name  or  title  of  the  improvement,  the  names  of  the  persons  who 
have  not  paid,  the  amount  due  from  each,  the  time  when  the  war- 
rant will  expire,  and  that  the  property  assessed  will  be  returned  for 
sale,  if  such  assessment  be  not  paid,  such  collector  shall  be  credited 
by  the  comptroller  with  the  amount  of  said  account. 

§24.  Whenever  any  tax  or  assessment  shall  remain  unpaid,  and  List  of  un- 
the  rolls  containing  the  same  shall  have  been  redelivered  to  the  col-  Pa'd  Uxes 

li-i-  r-ii         i  as«ess- 

lector  by  the  county  treasurer  or  comptroller,  as  aforesaid,  such  col-  ments  to  be 
lector  of  taxes  and  assessments  shall  cause  a  list  thereof,  signed  DyPubllshed- 
him,  to  be  published  in  the  corporation  newspapers  of  the  district, 


40 

designated  as  provided  by  this  act,  together  with  a  notice  requiring 
the  same  to  be  paid,  with  interest  as  aforesaid,  and  expenses,  on  or 
before  a  certain  day,  to  be  therein  designated,  which  shall  not  be 
less  than  twelve  weeks  from  the  first  publication  thereof.  Such  list 
and  notice  shall  be  published  once  a  week  for  twelve  weeks  succes- 
sively in  the  corporation  newspapers,  describing,  with  all  convenient 
certainty,  the  land  taxed  or  assessed,  specifying  the  street,  avenue  or 
road  on  which  it  fronts,  on  which  side  thereof,  and  near  or  between 
what  streets  it  may  lie,  together  with  the  name  of  the  person  to 
whom  the  same  was  taxed  or  assessed,  and  the  name  of  the  present 
owner,  when  known,  to  the  collector. 

*  §  25.  Every  printer  by  whom  any  such  list  and  notice  shall  be 
published,  shall,  within  ten  days  after  the  last  publication  thereof, 
deliver  to  the  collector  of  taxes  and  assessments,  signing  the  same, 
an  affidavit  of  due  publication,  made  by  some  person  to  whom  the 
fact  of  publication  shall  be  made  known. 

§  26.  If  any  such  tax  or  assessment  remain  unpaid  on  the  day 
specified  in  said  notice,  the  collector  shall  proceed  to  sell  by  public 
auction,  at  the  city  hall  of  said  city,  the  property  on  which  said  tax 
or  assessment  shall  have  been  imposed,  for  the  lowest  term  of  years 
for  which  any  person  will  take  the  same  and  pay  the  amount  of  such 
tax  or  assessment,  with  the  interest  and  expenses,  and  he  shall  con- 
tinue the  sale  from  time  to  time  until  all  such  lands  shall  be  sold. 
He  shall  thereupon  deliver  to  the  purchaser  a  certificate  of  such  sale, 
and  note  the  same  on  the  original  tax  or  assessment  rolls,  and  on 
the  abstracts  hereinbefore  directed  to  be  kept  in  his  office  ;  such  cer- 
tificate of  sale  shall  be  recorded  in  the  collector's  office,  in  proper 
books  kept  for  that  purpose,  and  shall  constitute  a  lien  upon  the 
lands  and  premises  therein  described,  after  the  same  shall  have  been 
so  recorded  ;  and  no  assignment  of  any  certificate  given  on  the  sale 
of  lands  for  any  taxes  or  assessment  shall  have  any  effect  until  notice 
of  the  same,  with  the  name  and  residence  of  the  assignee,  shall  be 
filed  in  the  office  of  the  collector  of  taxes  and  assessments  of  the  dis- 
trict in  which  the  said  lands  are  situated. 

$  27.  No  mortgagee,  whose  mortgage  shall  have  been  duly  re- 
corded before  sale  for  any  tax  or  assessment,  shall  be  divested  of  his 
rights  in  such  property,  unless  six  months'  notice  in  writing  of  such 
sale  shall  have  been  given  to  him  by  the  purchaser  or  of  those  claim- 
ing under  him,  personally,  if  a  resident  of  the  county  of  Kings  or  a 
county  adjoining  thereto,  and  if  not  such  a  resident,  then  upon  the 
owner  of  the  premises,  if  he  be  a  resident  of  Kings  county  or  a  county 
adjoining  thereto,  and  by  depositing  such  notice  in  one  of  the  post 
offices  of  said  city,  directed  to  the  mortgagee  at  his  place  of  residence, 
as  stated  in  the  mortgage  or  assignment  thereof;  but  nothing  herein 
contained  shall  be  so  construed  as  to  impair  the  lien  created  by  such 
sale. 

§  28.  Within  a  month  after  the  service  of  such  notice,  it  shall  be 
the  duty  of  the  person  serving  or  causing  the  same  to  be  served,  to  file, 
in  the  office  of  the  collector  of  taxes  and  assessments  of  the  district, 
a  copy  of  the  notice  served,  together  with  the  affidavit  of  some  per- 


41 


son,  who  shall  be  certified  by  the  officer  before  whom  said  affidavit 
shall  be  taken  to  be  a  creditable  person,  proving  the  due  service  of 
said  notice. 

§29.  The  owner,  mortgagee,  occupant  or  any  other  person  inter- Redemption, 
ested  in  such  land  may,  at  any  time  within  two  years  after  the  sale 
for  either  tax  or  assessment,  redeem  the  said  land  by  paying  to  the 
collector  of  taxes  and  assessments  in  the  district  in  which  said  lands 
are  situated,  for  the  use  of  said  purchaser,  the  said  purchase  money, 
together  with  any  other  tax  or  assessment  which  the  said  purchaser 
may  have  paid,  chargeable  on  said  land,  and  which  he  is  hereby  au- 
thorized to  do,  provided  a  notice  thereof  has  been  filed  in  the  office 
of  such  collector,  with  fifteen  per  cent,  per  annum  in  addition  thereto, 
and  the  certificate  of  such  collector,  stating  the  payment,  and  show- 
ing what  land  such  payment  is  intended  to  redeem,  shall  be  evidence 
of  such  redemption.  The  mortgagee  shall  have  power  to  redeem  at 
any  time  until  after  the  expiration  of  the  six  months  specified  in  the 
twenty-seventh  section  of  this  title. 

§  30.  Upon  the  receipt  of  such  moneys  by  such  collector,  he  shall  conveyance, 
cause  the  same  to  be  refunded  to  the  purchaser,  his  legal  representa-  wh*n  to  be 

*        .  •  i  made. 

tives  or  assigns,  and  all  proceeding  in  relation  to  said  sale  shall  cease  ; 
but  if  said  moneys  shall  not  be  paid  according  to  the  exigency  of  said 
notice,  such  collector  shall  proceed  to  execute  a  conveyance  of  the 
property  so  sold,  as  hereinafter  provided. 

§  31.  Whenever  such  collector  shall  receive  satisfactory  information  infant  and 
that  the  land  so  sold  belongs  to  an  idiot  or  insane  person,  for  whose  "competent 

o  it  '  owners. 

estate  no  committee  shall  have  been  appointed,  or  to  an  infant  having 
no  guardian,  he  shall  not  execute  a  conveyance  of  their  lands  until 
at  least  one  month  after  he  shall  have  legal  evidence  that  such  disa- 
bility has  been  removed,  or  a  committee  or  guardian  of  their  estate 
has  been  appointed.  And  until  the  expiration  of  said  month  such 
committee  or  guardian  may  redeem  such  land,  in  the  manner  here- 
inbefore provided. 

§  32.  The  said  collectors  shall  note  all  payments  made  to  them  collector's 
after  any  account  of  unpaid  taxes  or  assessments  shall  be  sent  back  to  ?u!les  in  re* 

lii  i  t      lation  to  un- 

them  by  the  county  treasurer  or  comptroller,  as  aforesaid,  and  it  a  paid  taxes, 
sale  be  had  they  shall  also  note  that  fact  on  the  original  tax  or  as- 
sessment roll,  or  copy  thereof,  in  his  office,  and  the  memorandum  of 
payment  on  any  tax  or  assessment  roll,  or  copy  thereof,  in  the  office 
of  such  collector,  shall  be  sufficient  evidence  of  such  payment.  They 
shall  also  forthwith,  upon  receiving  the  same,  render  to  the  treasurer  of 
the  city  an  account  of  the  proceeds  of  any  sale  for  unpaid  assessments, 
and  of  any  money  received  or  collected  by  them  that  may  be  paid  to 
such  treasurer,  and  at  the  same  time  pay  over  the  said  moneys  re- 
ceived by  them  ;  and  said  collectors  shall  also  render  to  the  treasurer 
of  the  county  an  account  of  the  proceeds  of  any  sale  for  unpaid  taxes, 
and  of  any  moneys  received  or  collected  by  them  that  may  be  paid 
to  such  treasurer,  and  at  the  same  time  pay  over  said  moneys  re- 
ceived by  them. 

§  33.  The  collector  of  the  district  where  the  land  sold  for  any  tax  convey- 
or assessment  shall  not  have  been  redeemed,  as  by  this  act  provided, ance8- 
6 


I 


42 

shall  execute  to  the  purchaser  or  his  assigns,  pursuant  to  the  terms  of 
sale,  a  proper  conveyance  of  the  lands  so  sold  by  him,  which  shall 
contain  a  brief  statement  of  the  proceedings  had  for  the  sale  of  said 
lands,  and  shall  be  evidence  that  such  sale  and  other  proceedings 
were  regularly  made  and  had  according  to  the  provisions  of  this  act. 
He  shall  also  forthwith  note  the  same  on  the  assessment  rolls  and 
abstract  kept  in  his  office.  The  grantee  shall  be  entitled  as  against 
all  persons  whomsoever  to  the  possession  of  said  premises,  and  to 
the  rents,  issues  and  profits  thereof,  pursuant  to  the  terms  of  his  con- 
veyance, and  shall  be  entitled  to  obtain  possession  of  his  lands  by 
summary  proceedings,  in  the  same  manner  as  is  provided  by  law  for 
the  removal  of  persons  who  hold  over  or  continue  in  possession  of  real 
estate  sold  by  virtue  of  an  execution  against  them. 

TITLE  VI. 

OF   THE  DAY  AND  NIGHT  POLICE  DEPARTMENT. 

Officers.  Section  1.  The  department  of  police  shall  consist  of  one  chief,  one 
captain  for  each  police  district,  and  such  number  of  policemen  under 
each  captain  as  the  common  council  may  from  time  to  time  designate. 

chief.  ^  2.  The  chief  shall  be  elected  by  the  city  every  three  years.  He 

shall  have  an  office  in  the  city  hall,  where  he  shall  be  in  attendance 
at  such  hours  as  shall  be  fixed  by  the  common  council,  and  shall 
receive  a  salary  to  be  fixed  by  said  common  council. 

Powers.  §  3.  He  shall  have  power  within  the  county  of  Kings  to  issue  pro- 
cess, directed  to  some  other  proper  officer,  for  the  apprehension  of 
persons  charged  with  any  offence,  and  to  exercise  all  the  powers  and 
duties  conferred  upon  aldermen  and  justices  of  the  peace  in  and  by 
title  second,  chapter  second,  part  fourth  of  the  revised  statutes  of  the 
state  of  New  York ;  and  in  all  such  cases  he  shall  proceed  in  the 
same  manner  and  be  governed  by  all  laws  relative  to  justices  of  the 
peace,  in  like  cases.  He  shall  be  chief  of  the  police  department,  and 
the  medium  of  correspondence  with  the  police  authorities  of  other 
cities  and  towns.  He  shall  receive  the  reports  from  the  several 
captains  of  the  districts  of  the  city,  keep  all  proper  books,  registers 
and  records  in  his  office,  under  the  direction  of  the  common  council ; 
report  to  the  corporation  attorney  all  violations  of  city  ordinances 
that  come  to  his  knowledge ;  and  shall  obey  and  cause  the  police 
department  to  obey  the  rules  and  regulations  prescribed  by  the  ordi- 
nances of  the  common  council.  He  shall  repair  to  the  scenes  of  fire 
and  riot,  and  take  command  of  the  police  there  present ;  may  at  any 
time  direct  all  or  any  of  the  police  of  the  city  to  any  place  where 
their  services  may  be  deemed  necessary,  and  shall  perform  all  such 
other  duties  as  may  from  time  to  time  be  prescribed  by  the  ordinances 
of  the  common  council ;  but  nothing  herein  contained  shall  be  taken 
to  abridge  the  power  of  the  mayor  as  the  chief  executive  officer  of 
the  city. 

Clerks.  ^  4   The  common  council  may,  if  they  deem  it  necessary,  provide 

for  the  allowance  of  a  clerk  to  the  chief,  and  shall  fix  his  compen- 


43 


sation.    Such  clerk  shall  be  appointed  and  removed  at  pleasure  by 
the  chief. 

$  5.  The  captains  of  the  police  districts  shall  be  elected  every  two  Captains, 
years,  and  shall  receive  a  stated  salary,  to  be  fixed  by  the  common 
council ;  each  of  the  captains  shall  keep  an  office  at  the  office  of  the 
police  district  within  which  his  ward  shall  be  situated,  and  shall 
keep  all  such  books,  registers  and  records  as  may  be  necessary  for  the 
proper  performance  of  his  duties  or  as  the  common  council  may  pre- 
scribe. 

$  6.  Every  captain  of  police  shall  perform,  within  the  district  for  DUties  of 
which  he  shall  be  elected  (aided  and  assisted  by  the  policemen  of  the  captains, 
ward  or  wards,)  such  duties  in  relation  to  the  inspection  of  wells  and 
pumps,  of  lamps,  of  public  cisterns,  of  pavements  and  side-walks  (so 
far  as  to  report  the  actual  condition  of  the  pavements  and  side-walks 
to  the  proper  authority,)  and  hacks,  cabs,  carts  and  sleds  as  the  com- 
mon council  shall  direct,  together  with  such  other  duties  as  marshals, 
health  and  fire  wardens,  keepers  of  public  lands  and  places,  as  said 
common  council  shall  prescribe. 

§  7.  Each  of  said  captains  may  entertain  complaints  in  all  cases  Complaints, 
where  crimes  or  offences  have  been  committed,  may  issue  a  precept 
to  arrest  any  person  charged  with  having  committed  a  crime  or  offence 
(such  process  to  be  executed  by  some  other  proper  officer,)  and  may 
detain  the  person  so  arrested  for  examination ;  such  examination  to 
be  made  by  the  chief  of  police,  or  by  some  person  authorized  by  law 
to  take  the  same. 

$  8.  He  shall  duly  report  to  the  chief  of  police  all  crimes  which  Rep0rt  of 
may  have  been  committed,  and  all  arrests  for  crimes  or  breaches  of crimes- 
the  peace  that  may  have  been  made  within  his  district ;  he  shall  re- 
port all  violations  of  the  corporation  ordinances  within  his  district  to 
the  corporation  attorney,  with  the  names  of  witnesses,  and  shall  also 
perform  such  other  duties  as  may  be  prescribed  from  time  to  time  by 
the  ordinances  of  the  common  council. 

§  9.  The  aldermen  of  each  ward  shall  nominate,  and  by  and  with  Policemen, 
the  consent  of  the  mayor  appoint,  so  many  policemen  as  may  be 
designated  or  apportioned  to  their  ward.  The  aldermen  shall  also 
appoint,  and  in  conjunction  with  the  mayor  may  remove  at  pleasure, 
so  many  lamp-lighters  as  may  in  like  manner  be  designated  for  their 
respective  wards. 

§  10.  For  all  purposes  of  the  police  department,  the  city  shall  be  Police  die- 
divided  in  so  many  districts  as  the  common  council  may  from  time  to trlct8, 
time  designate.  There  shall  be  erected  or  procured  in  each  police 
district  a  suitable  building,  to  be  called  the  district  police  office,  in 
which  shall  be  contained  suitable  offices  for  the  accommodation  of  the 
captains  and  police  department.  Such  police  office  shall  also  be  the 
station  house  for  the  night  police  of  the  same  district. 

§  11.  The  common  council  shall,  by  ordinance,  fix  and  apportion  Ward 
from  time  to  time  a  certain  number  of  policemen  for  each  ward,  who  Pohcemen- 
shall  possess  all  the  powers,  and  under  the  direction  of  the  captains  of 
the  district  shall  perform  all  the  duties  specified  in  the  sixth  section 


44 


Duties  of 
policemen. 


Policemen  to 
be  present  at 
fires. 


Chief  may 
su  pend 
policemen. 


Compensa- 
tion. 


Exemption. 
Policemen  at 


of  this  title,  together  with  all  other  duties  and  services  which  may  be 
prescribed  by  the  ordinances  of  the  common  council. 

§  12.  It  shall  be  the  duty  of  the  policemen  to  obey  such  orders  as 
they  may  from  time  to  time  receive  from  the  chief  of  police  and  the 
captains  of  their  districts  regarding  their  duty  ;  to  report  to  the  cap- 
tains of  the  district  all  violation  of  the  corporation  ordinances,  with 
the  names  and  residences  of  witnesses ;  to  preserve  the  public  peace  ; 
to  be  vigilant  for  the  prevention  and  discovery  of  crime,  and  the  de- 
tection of  criminals  ;  to  report  to  the  captains  of  their  respective 
districts  all  crimes  or  offences  committed  in  the  city  ;  to  arrest  all 
persons  in  the  actual  commission  of  crimes,  misdemeanors,  breaches 
of  the  peace  or  violations  of  corporation  ordinances ;  to  execute  all 
criminal  process  issued  by  the  chief  of  police  or  captains,  or  by  an 
inferior  court  of  criminal  jurisdiction,  which  is  now  or  may  hereafter 
be  established  by  the  legislature  lor  the  city  of  Brooklyn,  or  that  may 
be  issued  by  any  other  officer  authorized  to  issue  criminal  process  ;  to 
report  to  the  captains  of  their  respective  districts  all  suspicious  per- 
sons, houses  of  ill  fame,  receiving  shops,  pawn  brokers'  shops,  gaming 
houses,  and  all  places  where  idlers,  tipplers,  gamblers  and  other  dis- 
orderly and  suspicious  persons  congregate,  and  perform  such  other 
duties  from  time  to  time  as  the  common  council  may  direct. 

§  13.  At  any  alarm  of  fire,  it  shall  also  be  the  duty  of  the  police- 
men forthwith  to  proceed  to  the  scene  of  conflagration,  and  to  be 
diligent  in  preserving  order  and  protecting  property ;  and  in  case  of 
any  riot  or  public  disturbance,  requiring  the  services  of  the  police, 
they  shall  forthwith  proceed  to  the  scene  of  riot,  and,  under  the  di- 
rection of  the  mayor,  chief  of  police  and  captains,  or  either  of  them, 
aid  in  suppressing  the  same. 

$  14.  The  chief  of  police  may  suspend  any  policeman  in  the  city  ; 
in  all  such  cases  he  shall,  within  twenty-four  hours  thereafter,  notify 
the  mayor  and  the  aldermen  of  the  ward  to  which  said  policeman  may 
belong  thereof,  in  writing,  specifying  the  grounds  for  such  suspension, 
and  the  names  of  the  witnesses  to  establish  the  charge.  In  every 
case  the  mayor  shall  cause  written  notice  to  be  given  to  the  accused, 
to  afford  him  an  opportunity  to  be  heard  in  his  defence.  The  mayor 
and  at  least  one  of  said  aldermen  shall  examine  witnesses  under  oath 
upon  the  charges  and  for  the  defence,  and  may  for  cause  continue 
the  suspension,  remove  the  party  from  office,  or  restore  him  to  duty. 
The  mayor  shall  have  power  to  issue  subpoenas  to  require  the  at- 
tendance of  witnesses  on  the  trial  of  such  cases,  and  disobedience  of 
such  sabpoenas  shall  render  the  parties  liable  to  the  penalties  pro- 
vided by  law  in  courts  of  record.  The  testimony  shall  be  reduced  to 
writing,  and,  together  with  the  decision  of  the  mayor  and  the  said 
aldermen  thereon,  shall  be  filed  in  the  office  of  the  clerk  of  the  city. 

§  15.  The  police  shall  receive  a  per  diem  compensation  for  each 
day  they  shall  be  employed  on  duty,  which  compensation  shall  from 
time  to  time  be  regulated  and  fixed  by  the  common  council. 

§  16.  No  person  connected  with  the  police  department  shall  be 
liable  to  military  duty. 

§  17.  The  mayor  or  chief  of  police  shall,  from  time  to  time,  detail 


45 


such  policemen  as  he  may  deem  proper,  to  act  as  messengers  of  themecti^B  of 
mayor  and  of  the  common  council,  to  attend  the  meetings  of  that  b,oard  and 

j  '  o  election. 

body,  and  to  attend  and  preserve  order  in  all  courts  and  public  as- 
semblies in  the  city.  Each  captain  shall  detail  a  sufficient  number 
of  policem en  within  his  district  to  attend  the  polls  on  the  days  of 
election. 

§  48.  No  fees  or  compensation  shall  be  charged  or  received  by  any  Fees  pro- 
chief  of  police,  captain,  policeman,  clerk  or  other  officer  connected hlblted- 
with  the  police  department  for  any  services  performed  by  them  as 
such  officers,  other  than  their  stated  compensation,  except  in  special 
cases,  with  the  approbation  of  the  mayor.  Any  officer  violating  this 
provision  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  sub- 
ject to  the  fines  and  penalties  provided  for  such  ofience. 

§19.  All  fees  and  costs  heretofore  paid  by  the  supervisors  of  the  Fees  and 
county  of  Kings,  for  services  rendered  for  said  county  by  any  justice  JJJJf  t°0fDc8" 
of  the  peace  or  police  justice,  or  by  the  constables  or  marshals  of  the  paid  in  to  the 
city,  shall,  when  similar  services  are  rendered  by  any  officer  of  the treasur3 1 
police  department,  be  collected  and  paid  into  the  city  treasury  in 
such  manner  as  the  common  council  shall  by  ordinance  prescribe. 

$  20.  Any  person  arrested  in  puisuance  of  this  act  for  the  violation  penalty's1 
of  any  ordinance,  by-law  or  regulation  of  the  common  council,  or  of  how  im- 
the  board  of  health,  may  be  taken  before  the  police  justice  or  either  posed' 
of  the  justices  elected  by  virtue  of  "  an  act  to  establish  courts  of  civil 
and  criminal  jurisdiction  in  the  city  of  Brooklyn,"   passed  March 
twenty- fourth,  one  thousand  eight  hundred  and  forty-nine,  who  shall 
thereupon  have  authority  to  impose  upon  such  person  a  fine,  not  ex- 
ceeding the  penalty  prescribed  by  the  ordinance  which  such  person 
shall  be  proved  to  have  violated,  and  to  commit  such  person  to  the 
county  jail  of  Kings  county  for  a  period  not  exceeding  thirty  days,  or 
until  such  fine  shall  be  paid. 

§21.  The  common  council  shall  have  power  to  designate  one  or  Assistant 
more  policemen,  in  each  of  the  police  districts  established  by  law,  as  ca^na,n5• 
assistant  captains,  who  shall  have  ail  the  powers  of  the  captain  of 
such  districts  whenever  such  captain  is  disabled,  absent  or  not  on 
duty,  and  whose  term  of  office  shall  continue  and  expire  at  the  same 
time  with  the  term  for  which  the  respective  police  captains  were 
elected. 

TITLE  TO 

OF  THE  FIRE  DEPARTMENT. 

Section  1.  The  fire  department  of  the  city  shall  be  divided  into  two  Fire  districts 
separate  and  distinct  organizations,  viz  :  one  for  the  eastern  district 
and  one  for  the  western  district.  Each  organization  shall  consist  of 
one  chief  engineer,  and  as  many  assistant  engineers,  firemen,  hose- 
men,  axemen,  and  hook  and  ladder  men,  as  shall  from  time  to  time 
be  elected  by  the  firemen  of  each  district,  and  approved  by  the  com- 
mon council ;  but  the  present  members  of  the  fire  department  shall 
continue  to  be  such,  without  any  new  appointment  under  this  act. 
The  powers  of  the  chief  engineer  and  assistant  engineers  shall  be 


46 


Wardens. 


Engines  and 
apparatus. 


Rules  and 
fines. 


Exemption 


Fines  to  be 
kept  as  a 
fund. 


Injured 
firemen. 


confined  to  their  respective  districts.  The  lire  department  of  the 
present  city  of  Brooklyn,  as  at  present  constituted,  shall  with  its  ad- 
ditions form  the  organization  for  the  western  district,  and  the  fire  de- 
partment of  the  city  of  Williamsburgh,  as  at  present  constituted, 
shall  with  its  additions  form  the  organization  for  the  eastern  district. 
Except  in  cases  of  "  general  alarm,"  the  companies  may  not  attend 
fires  out  of  the  district  in  which  they  are  located  ;  in  all  cases,  how- 
ever, all  companies  attending  a  fire  shall  he  under  the  control  of  the 
engineers  in  whose  district  the  fire  may  be.  The  firemen  of  both 
districts  shall  be  under  the  control  of  the  common  council ;  and  all  the 
fire  engines  and  other  fire  apparatus,  now  belonging  to  the  different 
municipalities  hereby  consolidated,  shall  be  owned  by  the  city. 

$  2.  The  mayor  and  the  members  of  the  common  council  shall  be 
fire  wardens,  and  they,  together  with  such  other  fire  wardens  as  the 
common  council  may  appoint,  in  the  manner  now  or  hereafter  pre- 
scribed by  law,  shall  possess  such  powers  and  perform  such  duties  as 
the  said  common  council  may  from  time  to  time  prescribe. 

§  3.  The  common  council  shall  procure  fire  engines  and  other  appa- 
ratus used  for  the  extinguishment  of  fire,  and  provide  suitable  engine 
houses  and  other  places  for  keeping  the  same,  and  have  the  charge 
and  control  thereof.  They  shall  have  the  power  to  organize  fire,  hook 
and  ladder,  hose,  bucket  and  axe  companies,  and  to  reorganize  the 
present  fire  department  if  they  think  proper. 

$  4.  It  shall  be  the  duty  of  the  common  council  to  make  rules  and 
regulations  for  the  government  of  the  officers  and  men  attached  to  the 
said  department,  and  to  impose  such  penalties  and  fines  for  a  violation 
thereof,  not  exceeding  one  hundred  dollars,  as  the  said  common  coun- 
cil may  deem  proper ;  and  for  incapacity,  neglect  of  duty  or  gross 
misconduct,  the  said  common  council  may  disband  any  of  said  com- 
panies, suspend  or  expel  individuals,  members  thereof,  in  the  manner 
and  with  the  restrictions  hereinbefore  provided  for  the  removal  of 
officers  of  the  city  government. 

§  5.  Every  member  of  said  department  shall  be  entitled  to  the 
same  privileges  and  exemptions  from  military  or  jury  service  as  they 
are  now  entitled  to  by  law.  Their  names  shall  be  registered  by  the 
clerk  of  the  city  in  a  book  to  be  provided  for  that  purpose,  and  a  cer- 
tificate from  said  clerk,  under  the  corporate  seal  of  the  city,  of  the 
appointment  of  any  person  as  a  fireman,  and  of  the  time  thereof, 
countersigned  by  the  foreman  of  the  company  to  which  such  a  person 
may  belong,  shall  be  competent  evidence  to  show  that  such  a  person  is 
a  fireman,  and  at  the  time  of  such  countersigning  was  actually 
serving  as  such. 

§  6.  All  fines  and  forfeitures  accruing  within  the  said  districts, 
under  the  laws  of  this  state  or  the  ordinances  of  the  city  relative  to 
the  extinguishment  of  or  proceedings  at  fires,  shall  be  applied  to  the 
lire  department  fund  of  said  district,  for  the  benefit  of  indigent  and 
disabled  firemen,  and  the  families  of  deceased  firemen. 

§  7.  Any  member  of  the  fire  department  who  shall,  while  in  the 
performance  of  his  duty,  be  maimed  or  injured,  so  as  to  be  rendered 
thereafter  unable  to  perform  the  duties  of  a  fireman,  shall  receive  a 


47 


certificate  of  discharge,  which  shall  entitle  him  to  all  the  privileges  of 
a  fireman  whose  time  has  been  regularly  served,  and  shall  also  be 
entitled  to  the  benefits  of  the  law  regulating  discharged  firemen  in 
the  city  of  New  York.  The  common  council  shall  provide  by  ordi- 
nance for  the  granting  of  certificates  of  discharge  to  such  firemen  as 
shall  be  entitled  to  the  benefits  of  said  law. 

$8.  The  common  council  shall  pass  such  ordinances  as  it  may  Gunpowder, 
deem  proper  for  regulating  the  storage  of  gunpowder  and  other  arti- 
cles of  a  combustible  nature,  and  fix  the  penalty  for  any  violation  of 
the  same.  All  penalties  recovered  under  such  ordinances  shall  be  for 
the  benefit  of  the  fire  department  fund  of  the  district  in  which  the 
violation  occurs,  and  shall  be  paid  over  to  the  officers  authorized  to 
receive  the  same. 

§  9.  When  a  building  shall  be  on  fire  in  said  city,  the  mayor,  with  Destruction 
the  advice  of  the  chief  engineer  of  the  district,  or  in  his  absence,  under  °0  arrest0^9 
the  advice  of  two  of  the  assistant  engineers,  and  with  the  concurrence  fires- 
of  two  members  of  the  common  council,  or  in  the  absence  of  the 
mayor,  three  of  the  common  council,  with  the  like  advice,  may  order 
such  building  or  any  adjoining  building  to  be  pulled  down  or  otherwise 
destroyed,  if  they  shall  deem  it  likely  to  convey  the  fire  to  another 
building. 

§  10.  The  common  council  may  from  time  to  time,  by  ordinance,  Fire  limits, 
designate  limits  in  said  city  of  such  extent,  metes  and  bounds  as  they 
may  deem  proper,  within  which  all  buildings,  to  be  erected  after  the 
expiration  of  three  calendar  months  from  the  passage  of  such  ordi- 
nance, shall  be  built  of  brick  or  stone,  or  materials  other  than  wood, 
and  in  such  manner  as  they  may  determine  and  specify  in  such 
ordinance.  Said  ordinance  shall  be  published  in  the  corporation 
newspapers  at  least  once  a  week  for  the  space  of  three  calendar 
months  after  the  same  shall  have  been  passed,  and  before  it  shall 
take  effect  as  law. 

§11.  Any  such  limits  heretofore  designated  by  the  said  common  Former 
council  shall  remain  and  continue  with  the  same  effect,  and  the  same  hmits- 
provisions  shall  apply  thereto,  as  if  established  in  exact  conformity 
with  the  provisions  of  "  An  act  to  amend  the  act  to  incorporate  the 
city  of  Brooklyn,"  passed  April  twenty-nine,  eighteen  hundred  and 
thirty-five,  and  as  if  the  ordinances  heretofore  passed  in  relation 
thereto  had  been  duly  passed,  approved  and  published,  and  the  said 
limits  shall  continue,  and  the  provisions  of  law  now  applicable,  or 
which  may  be  applied  as  aforesaid  thereto,  shall  remain  in  full  force, 
except  as  the  same  may  be  modified  by  this  act  or  the  ordinances 
passed  in  pursuance  thereof. 

§  12.  Any  such  limits,  heretofore  designated  or  hereafter  to  be  des- Enlargement 
ignated,  may  be  enlarged  from  time  to  time  by  the  common  council,  ot  hmitM- 
as  the  public  good  may  be  deemed  to  require,  upon  the  written  peti- 
tion of  any  owner  of  property  within  the  territory  proposed  to  be 
included  in  said  limits,  provided  that  such  enlargement  is  not  remon- 
strated against  by  a  greater  number  of  owners  in  the  said  territory 
than  petition  therefor,  after  the  notice  of  such  application  shall  have 


48 


been  published,  as  hereinafter  required  ;  and  all  provisions  of  law 

inconsistent  herewith  are  repealed. 
Notice  of        §13.  If  any  such  application  shall  be  presented  to  the  common 
petition.      council,  they  shall  cause  notice  thereof  to  be  published  in  all  the 
newspapers  employed  by  them  at  least  once  a  week  for  six  weeks 
successively,  and  that  they  will  proceed  to  act  upon  such  petition  on 
a  day  therein  to  be  specified,  which  shall  be  after  the  expiration  of 
the  said  six  weeks,  and  they  shall  publish  with  such  notice,  as  a  part 
thereof,  a  description  of  the  territory  proposed  to  be  so  designated,  or 
which  it  .is  proposed  to  include  within  any  such  limit. 
Present  $  14.  Any  building  erected  in  any  such  district  previous  to  the  de- 

boVepaired  signation  or  enlargement  thereof,  and  covered  with  boards  or  shingles, 
may  be  repaired  or  new  roofed  with  boards  or  shingles ;  and  all 
steeples,  cupolas,  and  spires  of  churches  and  other  public  buildings, 
and  all  privies  not  exceeding  ten  feet  square,  and  lime  houses  the 
height  of  which  shall  not  exceed  ten  feet  exclusive  of  the  roof,  may 
be  built  of  wood  and  boards,  and  covered  with  boards  or  shingles. 
Penalty.  $  15.  If  any  building  shall  be  erected  or  roofed  contrary  to  this  act, 
or  to  the  provisions  of  any  such  ordinance,  the  owner  or  owners  there- 
of shall  for  every  such  offence  forfeit  and  pay  the  sum  of  two  hundred 
and  fifty  dollars,  to  be  recovered,  with  cost  of  suit,  in  any  court  of 
record  within  this  state,  by  the  city,  for  the  use  of  the  fire  department 
of  the  district  ;  and  every  such  building  erected  or  roofed  contrary  to 
this  act,  or  to  the  provisions  of  such  ordinance,  shall  be  deemed  a 
commc  n  nuisance,  and  the  owner  or  occupant  thereof  may  be  indicted 
therefor,  and  on  conviction  shall  be  punished  by  fine  or  imprisonment, 
as  the  court  having  cognizance  thereof  may  deem  proper,  and  such 
court  shall  also  order  and  cause  such  nuisance  to  be  abated  or  re- 
moved. 

Damages  for  §  16.  Any  person  who  shall  be  or  shall  have  been  injured  or  dam- 
buiid,h3p8°W  "  aged  by  reason  of  the  pulling  down  or  destruction  of  any  building  in 
said  city,  for  the  purpose  of  preventing  the  spreading  of  fire,  pursuant 
to  authority  granted  by  section  fifty-seven  of  an  act  to  incorporate  the 
city  of  Brooklyn,  passed  April  8,  1834,  and  section  nine  of  title 
seven  of  the  act  hereby  amended,  may  institute  against  the  said  city 
an  action  to  recover  compensation  for  such  injury  or  damages  ;  and 
in  case  of  a  final  judgment  being  recovered  in  such  action  against 
the  city,  the  amount  so  recovered,  with  interest  and  all  the  costs  and 
expenses  of  the  city  in  the  defence  of  such  suit,  shall  be  added  to  and 
collected  with  the  amount  to  be  raised  by  the  general  tax  in  said 
city.  In  any  such  suit,  the  plaintiff  or  plaintiffs  shall  recover  for 
only  such  damage  or  injury  as  he  or  they  shall  be  proved  to  have 
sustained  beyond  what  apparently  would  have  been  sustained  from 
the  fire,  to  prevent  the  spread  of  which  such  building  was  so  destroy- 
ed or  damaged.  And  no  execution  shall  issue  upon  any  such  judg- 
ment, but  the  amount  thereof  shall  be  paid  by  the  city  of  Brooklyn, 
out  of  the  amount  added  to  and  included  in  the  next  general  tax,  as 
herein  provided,  when  collected. 
Suits  for  §  17.  The  fines  and  penalties  prescribed  by  this  title,  and  by  any 
ordinance  passed  or  which  may  be  passed  by  the  said  common  coun- 


49 


« 


cil  for  establishing  fire  districts,  or  the  prevention  of  fires,  or  for  regu 
lating  the  storage  of  gunpowder  and  other  articles  of  a  combustible  na- 
ture, shall  be  sued  for  and  recovered  by  th^fire  departments  of  the  city. 

$  18.  The  board  of  officers  of  the  fire  department  of  the  city  of  Board  of 

•  a.  •  fire  w  B  r  d  c 

Brooklyn  may,  at  its  first  meeting  after  this  act  shall  take  effect, 
nominate,  for  the  office  of  fire  wardens,  five  firemen  or  exempt  firemen 
who  shall  have  served  at  least  seven  years  in  the  fire  department  of 
said  city,  and  if  such  persons  be  approved  by  the  common  council, 
they  shall  be  appointed  and  shall  be  known  as  the  board  of  fire 
wardens.  The  said  wardens  shall  perform  such  duties  and  receive 
such  annual  compensation  as  the  common  council  may  from  time  to 
time  prescribe,  not  exceeding  three  hundred  dollars  for  each.  The 
chief  and  assistant  engineers  of  said  department  for  the  time  being 
shall  be  ineligible  to  the  office  of  fire  warden. 


TITLE  VIII. 

OF  COMMISSIONERS  OF  EXCISE. 

Section  1.  There  shall  be  elected  in  each  ward  of  the  city,  at  thec.ommis" 
first  election  of  city  officers  under  this  act,  one  commissioner  of  excise  ;  eaciTward. 
and  there  shall  be  elected  every  year  thereafter,  at  the  annual  election 
of  city  officers,  such  commissioner  in  those  wards  respectively  where 
the  term  of  office  as  hereinafter  fixed  shall  expire,  and  in  those  only. 
The  several  commissioners,  so  elected,  shall  together  constitute  a  board 
of  excise. 

§  2.  The  commissioners  of  excise  first  elected  shall,  at  the  first  Classified, 
meeting  of  the  common  council  thereafter,  be  divided  by  the  mayor 
into  two  classes,  as  nearly  as  may  be,  in  the  manner  hereinbefore 
provided  for  dividing  the  board  of  aldermen  into  two  classes. 

§  3.  The  first  of  said  classes  shall  hold  office  for  one  year,  and  the  Term  of 
second  for  two  years  ;  but  after  the  first  year  the  term  of  office  of  the  office' 
said  commissioners  of  excise  shall  be  two  years. 

§  4.  The  common  council  shall,  by  ordinance,  fix  the  penalty  which  Penalty  for 
shall  be  paid  by  every  person  so  elected  who  shall  neglect  or  refuse  to  3efJc.ng  t0 
qualify  and  serve  as  a  commissioner  of  excise,  and  shall  enforce  the 
collection  of  the  same  in  the  manner  herein  provided  for  collecting 
other  penalties  for  the  violation  of  city  ordinances,  but  the  penalty  so 
to  be  fixed  by  the  sai^ommon  council  shall  not  exceed  fifty  dollars. 

§  5.  The  commissioners  of  excise  shall  meet  on  the  second  Tuesday  Meetings, 
of  May  in  each  year  at  the  city  hall,  and  shall  elect  one  of  their  num- 
ber president,  and  may  adjourn  from  time  to  time,  as  they  may  think 
proper,  for  the  transaction  of  business.  The  city  clerk  shall  be  the 
clerk  of  the  board  of  excise,  and  shall  keep  the  book  of  minutes  re- 
quired by  law,  which  book  shall  at  all  times  be  open  for  inspection  in 
the  office  of  the  said  city  clerk. 

§  6.  The  majority  of  said  commissioners  shall  be  competent  to  exe- Quorum, 
cute  the  powers  vested  in  said  board.    They  shall  grant  licenses  to  Licenges. 
tavern  keepers  and  grocers,  who  are  residents  of  the  city  of  Brooklyn, 
to  sell  wines  and  liquors  in  the  cases  and  in  the  manner,  but  with  the 
qualifications  and  restrictions,  authorized  by  law,  and  may  revoke  the 
7 


50 


same  at  pleasure.  They  shall  also  fix  the  sum  to  be  paid  for  licenses, 
which  shall  not  be  less  than  ten  nor  more  than  fifty  dollars.  The  ayes 
and  noes  on  granting  such  licenses  shall  be  recorded  on  the  minutes. 

§  7.  Such  licenses  shall  be  signed  by  the  president  and  clerk.  They 
shall  not  be  delivered  until  the  sums  to  be  paid  therefor  and  the  fees 
accruing  thereon  are  paid  to  said  clerk,  and  the  bond  required  by  law 
is  duly  executed  and  approved  by  the  board  of  excise,  and  when  issued 
shall  be  in  full  force,  unless  revoked,  until  the  second  Tuesday  of  May 
in  the  following  year.  Immediately  upon  the  receipt  of  such  sums 
and  fees  by  said  clerk,  he  shall  pay  them  over  to  the  county  treasurer, 
and  render  an  account  thereof  to  the  comptroller. 

§  8.  The  commissioners  of  excise  shaft  be  entitled  to  receive  two 
dollars  a  day  for  their  services  in  lieu  of  all  fees  and  perquisites  what- 
ever, but  the  pay  of  no  member  shall  exceed  ten  dollars  in  any  one 
year,  which,  together  with  the  necessary  expenses  of  blank  forms  of 
license  and  advertising,  shall  be  paid  by  the  county  treasurer,  on  the 
certificate  of  the  city  clerk. 

§  9.  The  bonds  to  be  taken  on  granting  licenses  shall  be  similar  to 
those  prescribed  in  like  cases  in  the  ninth  title  of  the  twentieth  chap- 
ter of  the  first  part  of  the  revised  statutes,  and  shall  be  disposed  of 
and  prosecuted  in  the  same  manner  therein  directed. 

TITLE  IX. 

OF  THE  BOARD  OF  HEALTH. 

Board  of        Section  1.  The  aldermen  of  said  city,  or  such  number  of  their 

health  t  .  . 

body  as  the  common  council  shall  designate,"  shall  constitute  a  board 
of  health,  and  the  mayor,  or  in  his  absence  or  inability  to  act,  the 
president  of  the  board  of  aldermen  shall  be  president  thereof.  The 
city  clerk  shall  be  clerk  of  said  board,  and  shall  keep  a  journal  of  its 
proceedings. 

Mayor  to  §  2.  It  shall  be  the  duty  of  the  mayor  or  the  president  of  the  board 
preside.  0f  aldermen,  at  all  meetings  of  said  board,  when  he  shall  be  informed 
of  any  matter  requiring  the  action  of  the  board  of  health,  to  lay  such 
matter  before  them,  and  they  shall  thereupon  proceed  to  consider 
and  act  upon  the  same.  The  said  board  may  also  be  convened  at 
any  time  by  notice  from  the  clerk,  under  the^irection  of  the  presi- 
dent or  any  two  of  the  members,  for  the  tranMction  of  business  ;  and 
the  said  board  of  health  shall  have,  possess  and  exercise  the  same 
power  and  authority  in  said  city  as  the  board  of  health  in  the  city  of 
New- York. 

Office.  §  3.  The  board  shall  designate  a  place  to  be  called  the  "  office  of 

the  board  of  health,"  at  which  the  president  or  one  or  more  of  the 
members  shall  attend  daily  (Sunday  excepted,)  from  the  first  day  of 
June  to  the  first  day  of  October,  in  each  year,  and  they  may  so  at- 
tend on  Sunday,  if  necessary ;  and  the  person  or  persons  so  attending 
shall  enter  in  a  book,  to  be  kept  for  that  purpose,  all  matters  which 
shall  come  before  or  be  transacted  by  them  as  president  or  members 
of  the  board  of  health. 


51 


§  4.  No  vessel  subject  to  the  examination  of  the  health  officer  of  Approach  of 
the  port  of  New- York  shall  approach  to  the  city  of  Brooklyn  beyond  vesse  s' 
the  place  which  shall,  at  the  time  of  such  approach,  be  assigned  for 
quarantine,  without  a  permit  from  him,  countersigned  by  the  presi- 
dent of  the  said  board  of  health. 

$5.  Every  person  practising  physic  in  the  said  city,  who  shall  Physicians  to 
have  a  patient  sick  of  any  malignant,  infectious  or  contagious  disease,  ofPmaiignanSt 
shall  make  and  file  a  written  certificate  thereof  in  the  office  of  the  sickness, 
board  of  health,  stating  the  name  of  such  patient,  and  the  house  and 
place  where  he  shall  then  be,  and  the  board  of  health  may  require 
any  such  physician  to  make  and  file  in  said  office,  within  such  time 
as  they  may  prescribe,  not  less  than  three  hours  after  service  of  a 
copy  thereof  upon  him,  an  affidavit,  stating  therein  whether  he  has 
or  has  not  any  patient,  who,  in  his  opinion,  shall  then  be  sick  of  any 
such  disease,  and  if  he  has  any  such  patient,  to  state  in  such  affidavit 
his  or  her  name,  and  the  house  or  place  in  said  city  where  he  or  she 
shall  then  be,  and  the  nature  or  name  of  such  disease,  to  the  best  of 
his  knowledge  and  belief. 

§  6.  The  common  council  may,  by  ordinance,  require  every  person  Bording- 
keeping  a  boarding  or  lodging  house  in  said  city,  within  six  hours  ^"to  report 
after  any  seafaring  man  or  sojourner  shall  be  sick  in  such  house,  to 
file  in  the  office  of  the  mayor  of  said  city  a  certificate  thereof,  signed 
by  him  or  her,  stating  the  location  of  such  house  and  the  name  of 
such  diseased  person. 

$7.  No  person  shall  remove  any  sick  person  from  any  vessel  or  sick  persons 
from  any  other  place  in  said  city  without  written  permit  for  that  pur- not  t0,b* re' 

ii       i  -i  i  pti        i     „moved  from 

pose,  granted  by  the  president  or  one  ot  the  members  oi  the  board  of  vessels, 
health  of  said  city. 

§  8.  The  board  of  health  of  said  city  shall  have  the  charge,  control  Hospitals, 
and  management  of  all  lands,  buildings  and  premises  thereon,  which 
may  be  purchased,  owned,  leased  or  hired  by  the  common  council 
for  the  purpose  of  a  hospital  or  hospitals,  and  for  the  purpose  of  pre- 
serving the  health  of  the  inhabitants  of  said  city.  It  shall  possess 
and  may  exercise  the  following  powers : 

1 .  By  proclamation  to  prohibit  or  regulate  the  intercourse  by  land  Powers  of 
and  ferries,  or  otherwise,  between  this  city  and  any  place  or  places board* 
where  they  may  be  informed  that  any  infectious  or  contagious  disease 

shall  prevail. 

2.  By  resolution  to  direct  any  vessel  lying  at  a  place  within  three 
hundred  yards  of  any  wharf,  landing  place  or  shore  of  said  city,  and 
from  which  they  shall  deem  it  probable  that  any  infectious  or  conta- 
gious disease  may  be  brought  into  said  city  or  communicated  to  the 
inhabitants  thereof,  to  be  removed  to  the  distance  of  at  least  three  hun- 
dred yards  from  any  wharf  landing  place  or  shore  of  said  city,  within 
six  hours  after  a  copy  of  such  resolution,  certified  by  the  city  clerk, 
shall  be  delivered  to  the  person  or  persons  having  the  command  of 
such  vessel,  or  to  the  master,  owner  or  consignee  thereof;  and  every 
such  person  or  persons,  master,  owner  or  consignee  to  whom  such 
copy  of  such  resolution  shall  be  delivered,  shall  forthwith  comply 
with  the  same. 


52 


3.  By  resolution  to  direct  to  be  removed  to  the  hospital  of  said  city, 
or  other  place  to  be  designated  by  them,  all  persons  sick  of  a  malig- 
nant, infectious  or  contagious  disease,  and  all  things  within  the  city, 
which,  in  their  opinion,  shall  be  infected  with  any  matter  likely  to 
communicate  disease  to  the  inhabitants,  and  to  cause  such  resolution 
to  be  carried  into  effect. 

4.  By  resolution  to  djrect  any  bedding,  clothing,  putrid  or  unsound 
beef,  pork,  fish,  hides  or  skins  of  any  kind,  or  any  other  articles  found 
within  said  city,  and  which,  in  its  opinion,  shall  be  dangerous  to  the 
health  of  the  inhabitants  thereof,  to  be  destroyed  by  casting  the  same 
into  the  East  river,  below  low  water  mark,  at  a  suitable  distance 
from  the  shore,  or  in  such  other  manner  as  it  may  direct ;  and  it 
may  employ  such  person  or  persons  as  it  may  deem  proper  to  remove 
or  destroy  such  articles  ;  and  every  person  who  shall  in  any  manner 
resist  or  hinder  any  person  so  employed,  shall  be  deemed  guilty  of 
a  misdemeanor. 

viokui168  f°r     §  ^*  ^veiT  Person  wno  shall  violate,  or  neglect,  or  refuse  to  comply 
rules.        with  any  provision  contained  in  this  title,  or  in  the  proclamation  or 
resolution  made  or  passed  by  the  board  of  health  in  pursuance  there- 
of, shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  there- 
of shall  be  punished  by  a  fine  not  exceeding  two  hundred  and  fifty 
dollars,  or  imprisonment  not  exceeding  six  months,  or  both  ;  and  all 
such  fines  when  collected  shall  be  paid  to  the  treasurer  of  said  city 
for  the  use  of  the  said  board  of  health. 
Health  offi-      §10.  The  health  officer  of  said  city  shall  visit  all  sick  persons  who 
cer  s  duties,  gjjgrj  fa  reported  to  the  board  of  health  in  pursuance  of  this  title,  and 
report  to  the  board  of  health  in  writing,  his  opinion  of  their  sickness  ; 
and  he  shall  attend  at  said  office  at  such  times  as  the  board  shall 
direct,  for  the  purpose  of  conferring  with  the  president  or  other  mem- 
bers of  the  board  in  relation  to  the  health  of  said  city.    He  shall  visit 
and  inspect  all  vessels  coming  to  the  wharves,  landing  places  or 
shores  of  said  city,  or  within  three  hundred  yards  thereof,  which  are 
suspected  of  having  on  board  any  infectious  or  contagious  disease,  or 
likely  to  communicate  the  disease  to  the  inhabitants  of  said  city, 
and  all  stores  and  places  within  said  city  which  are  suspected  to  con- 
tain putrid  or  unsound  provisions,  or  other  articles  likely  to  commu- 
nicate disease  to  the  inhabitants,  and  make  and  sign  a  report  in  wri- 
ting, stating  the  vessel,  stores,  places  and  articles  so  inspected  by 
him,  and  the  nature,  state  and  situation  thereof,  and  his  opinion,  in 
relation  thereto,  as  to  the  probability  of  disease  being  communicated 
by  or  from  the  same,  and  file  such  report  in  the  office  of  the  board  of 
health.    He  shall  also  discharge  such  other  duties  as  shall  from  time 
to  time  be  prescribed  to  him  by  the  board  of  health. 
Power  to        §  11.  The  common  council  are  hereby  authorized  to  procure  on 
money;      l°an  011  the  credit  and  faith  of  the  city,  from  time  to  time,  such  sum 
or  sums  of  money  as  a  majority  of  the  aldermen  elected  may  deem 
necessary  to  pay  losses  or  expenses,  not  provided  for  in  this  act, 
which  may  arise  from  any  accident  by  flood,  fire  or  otherwise,  or  to 
pay  any  expenses  necessarily  incurred  in  the  protection  and  preserva- 
tion of  the  health  of  said  city  and  its  inhabitants,  in  case  of  any  pre- 


53 


vailing  epidemic  disease  or  sickness,  provided  that  the  sums  of  money 
so  to  be  procured  shall  in  the  first  case  be  declared  to  be  necessary 
and  proper  by  a  certificate  to  be  signed  by  the  mayor,  county  judge, 
and  street  commissioner,  and  in  the  latter  case  by  a  certificate  to  be 
signed  by  the  mayor,  health  officer  of  said  city  and  the  presiding 
officer  of  the  Kings  county  medical  society,  which  certificates  shall 
be  presented  to  the  common  council  before  they  shall  take  any  action 
in  the  matter,  and  the  money  so  obtained  shall  be  applied  only  to  the 
specific  use  and  purpose  for  which  it  shall  be  so  borrowed.  The 
amount  so  raised  and  borrowed  shall  be  levied,  assessed  and  collected 
in  the  next  annual  tax  in  the  same  manner  as  the  other  expenses  of 
said  city. 

TITLE  X. 

OF  THE  FINANCIAL  DEPARTMENT. 

Section  1.  The  accounts  of  the  city  and  management  of  its  finan- Finances, 
ces  shall  be  under  the  direction  of  the  comptroller  of  said  city,  subject 
to  the  provisions  of  this  act  and  to  the  ordinances  of  the  common 
council. 

§  2.  The  said  accounts  shall  be  distributed  in  three  distinct  classes  :  ciassificn- 
the  first  of  said  classes  shall  embrace  all  such  expenditures  as  are  to  accounts, 
be  made  out  of  money  raised  by  general  tax,  and  shall  be  called  the 
general  fund ;  the  second,  such  as  are  to  be  made  out  of  money  raised 
by  a  special  or  local  tax  or  assessment,  and  shall  be  called  the  special 
fund  ;  and  the  third  class  shall  consist  of  accounts  of  the  sinking  fund. 
And  no  money  raised  for  the  use  of  one  of  said  funds  shall  be  at  any 
time  used  for  the  purposes  of  either  of  the  other  of  said  funds. 

§  3.  The  accounts  of  the  general  fund  shall  always  exhibit  the  re-  General 
ceipts  and  expenditures  of  each  department  of  the  city  government, fund- 
and  no  receipt  of  expenditure  of  money  shall  at  any  time  be  charged 
or  credited  to  any  other  than  its  appropriate  account.    The  accounts  Special 
of  the  special  fund,  in  addition  to  the  general  account  of  said  fund,  fund- 
shall  at  all  times  exhibit  the  amounts  received  and  paid  under  each 
item  composing  said  fund,  with  the  amounts  received  and  paid  for 
interest  on  each.  The  sinking  fund  account  shall  exhibit  the  amounts  sinking 
received  into  said  fund,  specifying  from  what  sources  they  have  been  fund- 
received,  together  with  the  amount  and  description  of  securities 
belonging  to  said  fund. 

§  4.  The  faith  of  the  said  city  and  the  property  now  belonging  to  Debts  of  the 
the  present  cities  of  Brooklyn  and  "Williamsburgh,  respectively,  are  ciUesCtoVbe 
pledged  for  the  final  payment  of  all  moneys  heretofore  borrowed  or  paid, 
raised  by  said  cities  respectively  under  or  by  virtue  of  any  law  of  this 
state  ;  and  until  said  several  sums  of  money  shall  be  fully  paid,  there 
shall  be  levied  and  collected,  by  a  general  tax  on  that  part  of  the  city 
embraced  in  the  present  city  of  Brooklyn,  in  the  same  manner  as  other 
taxes  for  said  city  at  large,  the  sum  of  seven  thousand  eight  hundred 
dollars  in  each  of  the  next  six  years,  and  thereafter  annually  the  sum 
of  six  thousand  dollars,  until  the  surplus  of  the  debt  on  its  property  as 
hereafter  mentioned  shall  be  provided  for,  and  then  upon  the  whole 


54 


Brooklyn 
debts. 


Brooklyn 
sinking  fund, 


Investment 
of  sinking 
fund. 


Report  of 
commis- 
sioners. 


Permanent 
loans. 


Vote  upon. 


Bonds  when 
to  be  issued 


city.  There  shall  be  levied  and  collected  in  the  same  manner,  on  that 
part  of  the  city  embraced  in  the  present  city  of  Williamsburgh,  a 
sufficient  sum  to  pay  off  an  amount  of  its  debt  equal  to  its  surplus  as 
hereinafter  mentioned,  and  the  residue  of  the  debt  shall  be  levied  and 
collected  upon  the  whole  city. 

§  5.  The  several  sums  of  money  in  the  present  city  of  Brooklyn  so 
to  be  raised,  together  with  all  the  interest  accruing  from  its  invest- 
ment, and  all  moneys  now  raised  for  a  similar  purpose,  shall  be  and 
remain  pledged  and  applied  to  redemption  of  loans  procured  by  said 
present  city  of  Brooklyn ;  nor  shall  any  other  investment  or  use  be 
made  of  such  moneys  or  securities,  except  as  herein  provided,  and 
any  other  appropriation  thereof  shall  be  deemed  a  misdemeanor  and 
punishable  accordingly. 

§  6.  The  fund  thus  designated,  together  with  all  former  and  subse- 
quent accumulations,  shall  be  called  the  "  sinking  fund  of  the  city  of 
Brooklyn,"  and  shall  be  managed  by  the  mayor,  treasurer  and  comp- 
troller of  said  city,  as  ex-officio  commissioners  of  said  fund,  a  majority 
of  whom  shall  constitute  a  quorum  for  the  transaction  of  business. 

§  7.  The  said  commissioners  shall  from  time  to  time  invest  the 
money  of  said  fund  in  any  stocks  for  the  payment  of  which  the  faith 
of  this  state  or  the  United  States  is  or  shall  be  pledged ;  or  in  any  of 
the  bonds  or  securities  issued  by  said  city  or  the  county  of  Kings ;  and 
to  deposit  said  moneys  with  any  safe  moneyed  corporation  in  this 
state,  and  make  such  contract  with  such  institution  for  the  duration 
of  such  deposits  and  the  interest  thereon  as  they  shall  consider  for  the 
best  interest  of  such  fund  ;  and  may  also,  at  such  times  and  upon  such 
terms  as  they  may  deem  advisable,  pay  any  part  of  the  moneys  bor- 
rowed or  raised  as  aforesaid  before  the  time  limited  for  the  payment 
thereof. 

§  8.  The  said  commissioners  shall  report  to  the  common  council 
semi-annually,  at  its  first  meetings  in  January  and  July,  a  particular 
account  of  the  condition  of  said  fund,  specifying  the  receipts  and  pay- 
ments since  the  last  report,  the  amount  and  description  of  stocks  held 
by  them,  with  the  interest  they  bear,  the  institutions  holding  deposits, 
the  amount  of  such  deposits,  and  the  rate  of  interest  paid  thereon 
respectively,  also  the  amount  of  loans  purchased,  if  any,  and  the  rate 
paid  therefor. 

§  9.  The  common  council  shall  have  power  to  make  permanent 
loans  for  the  use  of  said  city,  and  to  issue  bonds  therefor,  payable  at 
such  times,  in  such  manner  and  at  such  rates  of  interest  as  they  may 
direct,  if  the  proposition  for  creating  such  debt  shall  have  been 
previously  submitted  to  the  electors  of  said  city  at  a  regular  charter 
election,  of  which  three  months'  previous  notice  shall  have  been  pub- 
lished in  the  corporation  newspapers,  and  such  proposition  shall  have 
then  received  the  affirmative  vote  of  the  majority  of  the  voters  at  such 
election. 

§  10.  The  common  council  may  by  ordinance  direct  the  mode  and 
manner  of  submitting  such  proposition  to  the  electors  of  said  city. 

§11.  In  case  the  majority  of  said  electors  shall  be  in  favor  of  creat- 
ing such  loan,  the  common  council  which  shall  be  in  office  next  after 


55 


such  election  has  taken  place  may,  hy  the  vote  of  the  majority  of  all 
the  members  elected,  confirm  such  loan  ;  but  no  bonds  shall  be  issued 
therefor  until  the  common  council  shall  have  made  specific  provision 
for  a  sinking  fund,  to  be  raised  by  an  annual  tax  sufficient  to  pay  and 
discharge  such  bonds  at  maturity,  and  the  faith  and  property  of  the 
city  shall  be  and  is  hereby  pledged  for  the  final  payment  of  any  and 
all  such  loans. 

§  12.  The  common  council,  after  the  taxes  have  been  levied  in  any  Temporary 
year,  shall  have  power  to  make  temporary  loans,  in  anticipation  of lottns- 
the  collection  of  such  taxes,  such  loans  to  be  applied  to  the  purposes 
for  which  such  taxes  may  have  been  levied,  and  for  no  other  purpose, 
and  such  taxes  shall  be  inviolably  applied  to  repay  such  loans. 

$  13.  The  common  council  shall  also  have  po   er,  after  any  assess-  certificates 
ment  for  a  local  improvement  has  been  confirmed,  and  a  contract  for  °ggg^ted* 
making  the  same  has  been  entered  into,  to  issue  certificates  of  indebt-  assessments, 
edness  to  th.%  contractor,  payable  out  of  such  assessments  when  col- 
lected, and  bearing  interest  after  the  expiration  of  one  hundred  and 
twenty  days  from  the  delivery  of  the  assessment  roll  to  the  collectors ; 
but  no  certificate  shall  at  any  time  previous  to  the  completion  of  the 
work  exceed  seventy-five  per  cent,  in  value  of  the  work  actually  done, 
and  they  may  issue  a  warrant  for  the  collection  of  the  assessment  im- 
posed before  the  work  shall  have  been  completed. 

§  14.  Whenever  the  city  shall  by  law  be  authorised  to  borrow  mo-  Moneys 
ney  for  any  specific  purpose,  the  moneys  so  borrowed  shall  be  applied  jj°"pp{|Jdto 
only  to  such  purpose,  except  the  surplus  thereof,  if  any  surplus  should  to  specific 
remain  after  accomplishing  such  purpose  ;  and  it  shall  not  be  lawful  PurP°ses- 
for  the  common  council  of  the  said  city  to  borrow  any  money,  or  to 
enter  into  any  contract  by  which  they  may  be  compelled  to  pay  mo- 
ney, except  for  the  purposes  for  which  they  are  or  may  be  authorized 
to  raise  money  by  tax,  and  then  only  to  an  amount  not  exceeding  the 
sum  they  are  authorized  by  law  to  raise  by  tax  during  that  municipal 
year  for  the  purposes  for  which  such  money  may  be  borrowed  or  con- 
tract entered  into  ;  and  it  shall  be  the  duty  of  the  said  common  coun- 
cil to  pay  all  money  so  borrowed,  with  interest  accrued  thereon,  and 
to  discharge  all  such  contracts  out  of  the  money  raised  by  tax  during 
the  same  municipal  year  in  which  the  money  is  borrowed  or  contract 
entered  into,  except  as  by  this  act  provided. 

$  15.  It  shall  be  the  duty  of  the  comptroller  to  state  and  keep  an  Property 
account,  under  the  direction  of  a  committee  of  the  common  council,  Brooklyn  °f 
composed  of  one  from  each  of  the  present  cities  of  Brooklyn  and  Wil-  wniiams- 
liamsburgh  and  town  of  Bushwick,  showing  the  property  and  assets  Bushwfck. 
held  by  each  respectively  in  their  corporate  right,  and  the  value 
thereof  on  the  first  day  of  January,  1855  ;  and  also  showing  the 
amount  of  the  debts  of  each  on  that  day  actually  existing  or  contin- 
gently arising  from  any  work  done  for,  or  liability  incurred,  or  proper- 
ty purchased  by  them  respectively.     Such  property  shall  be  the 
common  property  of  the  whole  city,  subject  however  to  the  pledges 
heretofore  made  by  law  of  the  portion  of  each  present  city  and  town. 
The  value  of  the  property  and  assets  of  e&ch  present  city  and  town 
shall  be  deducted  from  the  debts  of  each,  and  the  surplus  of  debt  of 


56 


each,  over  the  amount  of  its  property  and  assets,  shall  continue  a 
particular  debt  upon  each  respectively  ;  the  residue  shall  be  common 
debt  of  the  whole  city.  If  the  property  and  assets  of  either  of  said 
present  cities  and  town  shall  exceed  its  debts,  the  balance  shall  be 
credited  to  it  in  the  taxes  of  the  year  1855.  The  property  and  as- 
sets of  any  district  of  either  of  the  said  cities  or  town  shall,  for  the 
purposes  of  such  account,  be  considered  the  property  of  the  city  or 
town  in  which  the  district  is  located.  Any  ward  not  heretofore  in- 
cluded in  the  fire  department  districts  of  Brooklyn  or  Willi amsburgh, 
hereby  or  hereafter  to  be  admitted  to  the  use  of  the  fire  department 
property  of  the  said  city,  shall  contribute  its  proportion  to  the  value 
of  such  property  in  the  district  in  which  it  is  located,  to  be  deter- 
mined by  the  fire  department  committee  of  the  common  council,  and  to 
be  raised  by  tax  in  one  or  more  annual  instalments,  as  the  common 
council  shall  determine.  fc 
Auditor  and  §16.  It  shall  be  the  duty  of  the  auditor  and  comptroller  to  examine 
toTxamiuV  annually  the  accounts  of  the  collectors  of  taxes  and  assessments,  and 
accounts  of  0f  the  treasurer,  and  to  audit  the  same,  and  to  present  to  the  common 
annually,  council,  at*ts  first  meeting  after  the  first  day  of  July  in  each  year, 
the  result  in  writing  of  such  examination.  The  common  council  or 
the  finance  committee  thereof  may  at  any  time  order  further  examin- 
ations, by  the  auditor  and  comptroller,  of  such  accounts.  All  other 
officers  of  the  city  receiving  and  disbursing  moneys  shall  present  their 
accounts  annually  to  the  auditor  and  comptroller  for  examination, 
who  shall  audit  the  same  and  report  the  result  to  the  common  coun- 
cil. The  common  council  may,  by  ordinance  or  resolution  further 
define  and  prescribe  the  duties  of  the  auditor  and  comptroller  in  the 
premises. 

TITLE  XL 

MISCELLANEOUS  PROVISIONS. 

Perjury.  Section  1.  Any  person  who  may  be  required  to  take  an  oath  or 
affirmation,  under  and  by  virtue  of  any  provision  of  this  act,  who 
shall  wilfully  swear  or  affirm  falsely  to  any  material  fact  or  matter 
under  such  oath  or  affirmation,  legally  administered,  shall,  upon 
conviction,  be  adjudged  guilty  of  perjury. 

Competency.  §  2.  No  person  shall  be  incompetent,  as  a  judge,  justice,  witness  or 
juror  by  reason  of  his  being  an  inhabitant  or  freeholder  in  the  city  of 
Brooklyn,  in  any  action  or  proceeding  in  which  the  city  is  a  party  or 
interested. 

Certain  offi-  §  3.  The  office  of  the  city  clerk,  street  commissioner,  comptroller, 
officesCofred  anQl  collectors  of  taxes  and  assessments  shall  be  and  they  are  hereby 
record.  declared  to  be  offices  of  record,  for  the  purpose  of  filing,  recording 
and  safe  keeping  any  and  all  papers  and  documents  of  the  city,  and 
appertaining  or  belonging  to  the  said  several  offices  ;  and  all  pro- 
visions of  law  relating  to  offices  of  record,  or  the  preservation  or  safe 
keeping  of  papers  or  records  therein,  are  hereby  declared  to  apply  to 
said  several  offices. 


57 


§  4.  Every  embezzlement  of  money  by  any  officer  elected  or  appoint-  Embeziie- 
ed  under  this  act,  or  by  a  clerk,  deputy  or  assistant  of  such  officer,  shall ment- 
be  deemed  a  felony,  punishable  by  fine  or  imprisonment,  or  both. 

§  5.  Every  ordinance,  resolution  or  by-law  of  the  common  council  £r™°nfa°^eg 
may  be  read  in  evidence  in  all  courts  and  legal  proceedings,  from  the 
volume  of  ordinances  published  or  to  be  published  by  order  of  the 
said  common  council,  without  any  other  proof  of  the  passage  or  pub- 
lication thereof  ;  but  such  publication  shall  be  only  presumptive 
evidence  that  the  same  has  been  duly  published  in  the  corporation 
newspapers  as  required  by  this  act. 

§  6.  Any  civil  or  criminal  process,  attachment  or  execution  may  be  service  of 
served  or  levied  upon  any  person  or  property  on  board  of  any  vessel  J^and1 
which,  at  the  time  of  such  service  or  levy,  shall  be  attached  or  fast-  vessels, 
ened  to  any  wharf,  pier,  bulkhead  or  landing  place  in  said  city,  or 
lying  so  near  thereto  that  a  person  can  step  from  the  same  upon  such  • 
vessel,  or  shall  be  fastened  to  any  other  vessel  or  vessels  which  shall 
be  so  attached  or  lying  to  any  such  wharf,  pier,  bulkhead  or  landing 
place,  in  the  same  manner  and  with  like  effect  as  if  such  vessel  was 
actually  within  said  city. 

§  7.  When  a  penalty  is  created,  or  authorized  to  be  created,  by  this  Penalties 
act,  and  no  particular  provision  herein  is  made  as  to  the  application  pay0abeiee?nto 
thereof,  when  recovered,  such  penalty  shall,  when  so  recovered,  be  city  treasury 
paid  into  the  city  treasury  for  the  use  of  the  city. 

§8.  The  common  council  shall  have  power  to  provide  a  suitable  Armory, 
armory,  gun-houses  and  drill  rooms  for  the  use  of  the  military  of  the  e^-1101156' 
said  city. 

§  9.  The  existing  ordinances,  by-laws  and  regulations  of  the  present  Existing 
city  of  Brooklyn,  not  relating  to  local  improvements,  as  the  same  ofdB°ookiyn 
have  been  passed,  shall  be  and  continue  in  full  force  and  effect,  in  the 
same  manner  and  to  the  same  extent  and  effect  as  though  they  had 
been  published  pursuant  to  law,  and  shall  be  in  full  force  and  effect, 
as  regards  the  city  hereby  incorporated,  together  with  such  others  as 
may  from  time  to  time  be  passed,  until  the  same  shall  be  repealed 
by  the  common  council. 

§  10.  All  taxes  and  assessments  in  the  said  present  cities  and  town,  Taxes  due 
remaining  due  and  unpaid  on  the  first  day  of  January,  one  thousand ^"obe"1' 
eight  hundred  and  fifty-five,  shall  be  collected  as  now  provided  by  applied, 
law,  except  that  the  supervisors,  in  cases  of  taxes  remaining  unpaid 
on  the  first  day  of  July,  one  thousand  eight  hundred  and  fifty-five, 
and  the  common  council,  in  cases  of  assessments  remaining  unpaid 
on  the  last  mentioned  day,  shall  have  power  and  are  hereby  author- 
ized to  issue  warrants  for  the  collection  of  the  same  to  the  collectors 
of  taxes  and  assessments  to  be  elected  under  the  provisions  of  this 
act,  who  shall  proceed  under  said  warrants  to  collect  the  said  taxes 
and  assessments,  and  shall  make  their  returns  thereto,  and  pay  over 
the  money  collected  by  them  respectively  under  the  same,  to  the 
several  officers  designated  in  this  act  for  that  purpose  ;  and  all  pro- 
ceedings after  the  expiration  of  any  warrant  for  the  collection  of  any 
of  such  taxes  and  assessments  shall  be  conducted  according  to  the 
provisions  of  this  act.  Such  taxes  shall  be  applied  to  the  purposes 
8 


58 


for  which  they  shall  have  been  levied  in  the  present  cities  of  Brooklyn 
and  Williamsburgh  and  town  of  Bushwick  respectively. 

§  11.  The  expenses  of  any  local  improvement  commenced  by  the 
present  cities  of  Brooklyn  and  Williamsburgh,  respectively,  before  the 
first  day  of  January,  one  thousand  eight  hundred  and  fifty-five,  for 
which  expense  no  assessment  shall  have  been  laid,  shall  be  assessed 
as  now  provided  by-law  in  the  said  cities,  respectively,  except  that 
the  duties  in  relation  thereto,  now  devolved  upon  the  common  council 
and  officers  of  the  said  cities  respectively  to  be  performed,  shall  be 
performed  by  the  common  council  of  the  city  of  Brooklyn  hereby 
incorporated,  and  by  the  officers  to  be  elected  and  appointed  and 
authorised  to  perform  similar  duties  under  this  act,  except  that  if 
commissioners  shall  have  been  appointed  to  lay  any  assessment  they 
shall  complete  such  assessment. 

§  12.  All  the  rights,  interest,  property,  claims  and  demands  what- 
f  soever,  belonging  to  or  to  accrue  to  the  present  cities  of  Brooklyn  and 
Williamsburgh  and  town  of  Bushwick,  shall  belong  to  and  be  vested 
in  the  city  of  Brooklyn,  hereby  incorporated,  and  all  liabilities  and 
responsibilities  of  either  in  favor  of  third  parties  shall  be  assumed  by 
and  may  be  enforced  against  the  city  of  Brooklyn,  hereby  incorpora- 
ted, but  each  of  the  present  cities  of  Brooklyn  and  Williamsburgh  and 
town  of  Bushwick  shall  be,  as  between  each  other,  liable  for  its  own 
indebtedness  and  entitled  to  its  own  property,  as  hereinbefore  provi- 
ded ;  all  suits  in  favor  of  or  against  the  present  cities  of  Brooklyn  and 
Williamsburgh  and  town  of  Bushwick,  shall  be  continued  against  the 
same  respectively  until  judgment. 

$  13.  There  shall  be  a  board  of  education,  and  all  the  provisions  of 
law  relating  to  the  board  of  education  of  the  present  city  of  Brooklyn 
shall  apply  thereto,  except  that  the  board  hereby  authorized  shall  be 
constituted  of  the  members  of  the  said  present  board,  and  such  addi- 
tional members  as  may  be  appointed  by  the  common  council  for  the 
portion  of  the  city  embraced  in  the  present  city  of  Williamsburgh  and 
town  of  Bushwick,  and  the  said  common  council  is  hereby  authorized 
and  required  to  appoint  and  classify  such  additional  members,  having 
reference  therein  to  the  proportional  increase  of  inhabitants  by  the 
additional  territory ;  and  the  school  property  of  the  cities  of  Brooklyn 
and  Williamsburgh  and  town  of  Bushwick,  and  the  several  districts 
thereof,  shall  be  valued  by  the  first  board  of  assessors  elected  after 
this  act  shall  take  effect,  and  the  board  of  supervisors  of  the  county 
shall  proceed  to  equalize  the  said  value  by  assessing  the  aggregate 
amount  thereof  upon  the  whole  city,  and  crediting  each  school  district 
(the  city  of  Brooklyn  to  be  considered  as  one  district)  on  account  of 
its  general  tax  with  the  value  of  its  separate  school  property,  and  any 
special  school  taxes  already  laid  and  in  process  of  collection.  The 
eighth  and  twentieth  sections  of  the  act  entitled  to  reorganize  and 
regulate  the  common  schools  and  board  of  education  of  the  city  of 
Brooklyn,  passed  April  4,  1850,  is  hereby  repealed. 

§  14.  This  act  is  hereby  declared  to  be  a  public  act.  All  acts  and 
parts  of  acts  of  the  legislature  of  this  state,  not  inconsistent  with  the 
provisions  of  this  act,  and  not  hereby  repealed,  shall  be  and  remain  in 


59 


full  force  and  effect ;  but  any  proceedings  now  pending,  or  that  shall 
have  been  commenced  before  this  act  takes  effect  as  a  law,  shall  be 
continued  and  completed  as  if  this  act  had  not  been  passed,  except  as 
herein  provided. 

§  15.  This  act  shall  take  effect  on  the  first  Monday  of  January,  Times  when 
one  thousand  eight  hundred  and  fifty-five,  except  sections  three,  four,  takes  effect, 
five,  six,  seven,  eight  and  nine  of  title  three,  which  shall  take  effect 
on  the  first  day  of  May  next  after  the  passage  of  this  act.  The  terms 
of  office  of  the  city  and  town  officers  elected  or  appointed  for  the  pre- 
sent cities  of  Brooklyn  and  Williamsburgh  and  town  of  Bush  wick  shall 
expire  on  the  first  day  of  January,  one  thousand  eight  hundred  and 
fifty-five,  except  that  the  incumbents  of  the  offices  of  street  commis- 
sioner, counselor  and  commissioner  of  repairs  and  supplies  of  the 
present  city  of  Brooklyn,  and  the  incumbent  of  the  office  of  clerk  of 
the  present  city  of  Williamsburgh,  shall  perform  the  duties  devolved 
upon  the  street  commissioner,  counselor,  commissioner  of  repairs  and 
supplies  and  clerk  by  this  act,  until  the  expiration  of  the  terms  for 
which  they  were  respectively  elected  or  appointed  under  the  existing 
law  ;  and  except  that  the  incumbent  of  the  office  of  collector  of  taxes 
and  assessments  of  the  present  city  of  Brooklyn  shall  perform  the 
duties  devolved  upon  the  collector  of  taxes  and  assessments  of  the 
western  district  by  this  act,  until  the  expiration  of  the  term  for  which 
he  was  elected  under  the  existing  law ;  and  the  incumbent  of  the 
office  of  collector  of  taxes  and  assessments  of  the  present  city  of  Wil- 
liamsburgh shall  perform  the  duties  devolved  upon  the  collector  of 
taxes  and  assessments  of  the  eastern  district  by  this  act,  until  the 
expiration  of  the  term  for  which  he  was  elected  under  the  existing 
law  ;  and  except  that  the  incumbents  of  the  offices  of  street  commis- 
sioner and  counselor  of  the  present  city  of  Williamsburgh  shall  con- 
tinue to  perform  the  duties  of  street  commissioner  and  counselor,  for 
the  purpose  of  closing  up  all  the  unfinished  business  in  their  respective 
departments,  until  the  expiration  of  the  term  for  which  they  were 
elected,  and  they  are  vested  with  such  power,  subject  nevertheless  to 
the  directions  of  the  common  council  of  the  city  hereby  incorporated  ; 
and  it  shall  be  the  duty  of  the  officers  retained  in  office  by  this  act  to 
close  up  the  unfinished  business  of  the  said  cities  and  town  in  their 
respective  departments,  under  the  direction  of  the  said  common 
council,  except  as  herein  otherwise  provided,  and  except  that  the 
policemen  now  in  office  shall  retain  their  offices  until  others  shall  be 
appointed  under  the  provisions  of  this  act.  All  officers  elected  or 
appointed  under  and  by  virtue  of  this  act  shall  hold  their  offices  for 
the  term  specified  in  this  act,  and  until  others  shall  be  elected  or  ap- 
pointed in  their  stead  and  have  duly  qualified. 

§  16.  The  books,  papers  and  documents  now  on  file  or  kept  in  any  Rooks,  &c, 
office  in  the  present  cities  of  Brooklyn,  Williamsburgh  and  town  of'0  be.^a"«- 

t»     l      •  i     i     1 1  i  /  rr>  /»  •  ferred  to  city 

Uushwick  shall  be  transferred  to  such  offices  of  the  city  hereby  incor- office*, 
porated  as  the  common  council  shall  by  resolution  direct. 

*  17.  Th  c  provisions  of  this  act  shall  not  be  construed  to  recognize 
or  authorize  any  encroachment  upon  the  navigable  waters  of  the  East 
river  or  harbor  of  New-  York. 


INDEX. 


Tit.  Sec  Page. 

Abstract  of  assessment  rolls  to  be  made,  V.  12  37 

Affidavit  of  publication,  V.  35  40 

Affidavit  of  service  of  notice,  V.  28  40 

Aldermen,  board  of  —  II.  2  9 

Aldermen,  classification  of  II.  4  9 

Aldermen,  powers  of   II.  5  9 

Aldermen,  qualifications  of  II.  3  9 

Aldermen,  terms  of  II.  5  9 

Aldermen  to  be  fence  viewers,  II.  20  16 

Amount  of  surety,  _  III.  27  24 

Annual  meeting,    _  II.  22  16 

Appointment  of  officers,  III.  24  23 

Approach  of  vessels,  IX.  4  51 

Armory,  gun-house,  &c,  ^  XL  8  57 

Assessment  laws,  IV.  33  34 

Assessment  rolls,  V.  10  36 

Assessment  rolls,  abstract  of  to  be  made,  V.  12  37 

Assessments,  notice  of  IV.  24  32 

Assessors,  election  of  -  IV.  28  33 

Assessors,  pay  of                                                                  IV.  32  33 

Assessors,  powers  of  IV.  29  33 

Assistant  collectors,  V.  4  35 

Assistant  collectors,  their  powers,  V.  '6  35 

Assistant  captains  of  police,  VI.  21  45 

Attorney  and  Counsel,  III.  18  22 

Auditor,  III.  17  21 

Auditor  and  comptroller  to  examine  account  of  collectors  annually.  .X.  16  56 

Ballots,     -------          III.  4  17 

Board  of  aldermen,          -                                                     II.  2  9 

Board  of  assessors,  president  of     -                                         IV.  31  33 

Board  of  canvassers,         -          -          -          -          -          III.  7  18 

Board  of  canvassers,  minutes  of     -                                         III.  10  19 

Board  of  education,          .....          XI.  13  58 

Board  of  firewardens,        -                                                   VII.  18  49 

Board  of  health,    -          -          -          -          -  .        -          IX.  1  50 

Board  of  health,  office  of  -          -          -          -          -          IX.  3  50 

Board  of  health,  penalty  for  violating  rules,          -          -          IX.  9  52 

Board  of  health,  powers  of           -          -          -          -          IX.  851 

Board  of  health,  president  of                                                  IX.  2  50 

Boarding-house  keepers  to  report  cases  of  sickness,           -          IX.  6  51 

Bond  for  licenses,             .....       VIII.  9  50 

Bonds  for  loans,  when  to  be  issued,          -          -          -           X.  11  54 

Bonds  of  collectors,           ....          -           V.  2  34 

Books,  papers,  &c,  to  be  transferred  to  the  city  offices,      -          XL  16  59 

Boundaries,          -                                                                 I.  13 

Brooklyn  debts,     -                                                                X.  5  54 

Brooklyn  sinking  fund,      .....           X.  6  54 

Canvass  of  November,  1854,         -                                         III.  6  18 

Canvass,  certificate  of  result,        ...          -          HI.  9  18 

Canvass,  statements  of                -          -          -          -          III.  5  18 

Captains  of  police,           -                                                    VI.  5  43 

Captains  of  police,  their  duties,     -          -          -          -          VI.  6  43 

Certain  offices  declared  offices  of  record,    .          -          -         XL  3  56 


61 


Tit. 

Sac. 

Page. 

Certificates  of  indebtedness  for  assessments, 

X. 

13 

55 

Chief  of  police,  - 

X  7 

VI. 

2 

42 

Chief  of  pohce,  his  powers,  * 
Chief  of  police  may  suspend  policemen,  - 

VI. 

3 

42 

V. 

14 

44 

City  clerk,  his  duties,  - 
City  court  of  Brooklyn,  - 

III. 

20 

23 

III. 

36 

26 

City  officers,  ------ 

III. 

1 

17 

City  offices,  qualifications  for        -          -          -  - 

III. 

2 

17 

City  surveyors,  ------ 

Classification  of  accounts,  - 

III. 

21 

23 

X. 

2 

53 

Classification  of  aldermen,  - 

II. 

4 

9 

Clerk  of  common  council,  - 

II. 

7 

10 

-Clerk  of  pohce,  - 

VI. 

4 

42 

Collectors,  election  of  - 

V. 

1 

34 

Collectors,  renewal  of  bond,  - 

V. 

7 

35 

Collectors,  suspension  of  - 

V. 

3 

35 

Collectors,  their  bonds,  - 

V. 

2 

34 

Collectors  to  pay  over  moneys  collected, 

V. 

13 

37 

Collectors'  bonds,  when  to  be  sued, 
Collectors'  duties  in  relation  to  unpaid  taxes, 

V. 

17 

38 

V. 

32 

41 

Commissioner  of  repairs  and  supplies, 

III. 

10 

21 

Commissioners  to  be  sworn,  * 

IV. 

6 

28 

Commissioners'  notice  of  meeting  to  revise  report. 

IV. 

12 

29 

Commissioners,  pay  of  - 

IV. 

17 

31 

Commissioners,  report  of              -          -  - 

IV. 

7 

28 

Commissioners'  report,  appeal  from, 

X           7        IT  x  7 

IV. 

12 

30 

Commissioners'  report,  confirmation  of  - 

X  7 

IV. 

15 

31 

Commissioners'  report,  costs  of  appeal  from 

IV. 

14 

31 

Commissioners'  report,  hearing  of  appeal, 

IV. 

13 

30 

Commissioners  of  excise,  - 
Commissioners  of  excise,  classified, 

VIII. 

1 

49 

VIII. 

o 

49 

Commissioners  of  excise,  to  grant  licenses, 

VIII. 

6 

49 

Commissioners  of  excise,  meetings  of 

vm. 

5 

49 

Commissioners  of  excise,  pay  of  - 

VIII. 

8 

50 

Commissioners  of  excise,  penalty  for  refusing  to  serve, 

7    X                  J                                      o  / 

VIII. 

4 

49 

Commissioners  of  excise,  quorum  of 

VIII. 

6 

49 

Commissioners  of  excise,  term  of  office. 

VIII. 

3 

49 

Common  council,  - 

II. 

1 

9 

Common  council,  certain  disabilities  of  members, 

III. 

33 

25 

Common  council,  clerk  of  - 

II. 

7 

10 

Common  council,  president  of  - 

II. 

9 

10 

Common  council,  quorum  of 

II. 

8 

10 

Common  council,  special  powers  of 

II. 

13 

11-14 

Common  council,  stated  meetings  of 

II. 

12 

11 

Common  council,  terms  of  office,  - 

II. 

6 

9 

Common  council,  vacancies  how  filled,  - 
Compensation  of  policemen,  - 

II. 

6 

9 

VI. 

15 

44 

Competency,  ------ 

XI. 

2 

56 

Complaints  of  crimes  and  offences, 

VI. 

7 

43 

Comptroller,  ------ 

III. 

13 

20 

Constables,           -          -          -    \  - 

III. 

22 

23 

Conveyance,  when  to  be  made,  - 

V. 

30 

41 

Conveyances,  ----- 

J  7 

V. 

33 

41 

Corporation  papers, 

II. 

19 

15 

Correction  of  assessment,  - 

IV. 

26 

32 

Costs  and  fees  of  counsel,  - 

IV. 

20 

31 

Crimes,  report  of  - 

VI. 

8 

43 

Damage  for  pulling  down  buildings,  - 

VII. 

16 

4S 

Damages,  how  to  be  paid,  - 

IV. 

16 

31 

Damages  when  a  person  is  separated  from  a  highway, 

IV. 

11 

29 

62 


Tit. 

Sec.  Page. 

Debts  of  the  respective  cities  to  be  paid,  - 

X. 

4 

53 

Deputy  collectors,  - 

V. 

5 

35 

Deputy  collectors,  their  powers,  - 

V. 

6 

35 

Destruction  of  buildings  to  arrest  fires,  - 

vn. 

9 

47 

Districts,  ------- 

in. 

35 

26 

Duties  of  policemen,  - 

VI. 

12 

44 

Election  of  assessors,  - 

IV. 

28 

33 

Election  of  collectors,  - 

V. 

1 

34 

Election  of  mayor,  - 

in. 

11 

19 

Elections,            -          -          -  - 

in. 

3 

17 

Embezzlement,  ------ 

XI. 

4 

57 

Embezzlement  or  loaning  of  public  money, 

V. 

9 

36 

Enlargement  of  fire  limits,  - 
Estimate  of  benefits  by  improvements,  - 

VII. 

12 

47 

IV. 

9 

29 

Estimate  of  damage  by  improvements,  - 

IV. 

10 

29 

Estimate  of  damage  by  intervening  lands, 

Excess  of  estimate  over  expenses  for  improvements, 

IV. 

11 

29 

IV. 

18 

31 

Exemption  of  firemen,  - 

VIL 

5 

46 

Existing  ordinances  of  Brooklyn,   -          -          -  - 

XL 

9 

57 

Expense  of  collection  of  taxes  and  assessments, 

V. 

8 

36 

Expenses  for  improvements,  how  assessed, 

IV. 

23 

32 

Expenses  of  lamp  and  fire  district,  - 

II. 

25 

17 

Expenses  of  local  improvements,    -          -          -  - 

XL 

11 

58 

Expenses,  yearly  estimate  of 

II. 

21 

16 

Fees  and  costs  of  justices  to  be  paid  into  the  treasury, 

VI. 

19 

45 

Fence  viewers,  ------ 

II. 

20 

16 

Finances,  ------ 

Fines  and  penalties,  how  imposed,  - 

X. 

1 

53 

VI. 

20 

45 

Fines,  remission  of  - 

II. 

26 

17 

Fines,  remission  of          -          -          -          -  - 

III. 

19 

22 

Fines  to  be  kept  as  a  fund,  - 

VIL 

6 

46 

Fire  districts,  ------ 

VII. 

1 

45 

Fire  and  lamp  districts,     -          -          -          -  - 

II. 

23 

16 

Fire  and  lamp  districts,  expenses  of 

Fire  engines  and  apparatus,  - 

II. 

25 

17 

VII. 

3 

46 

Fire  limits,  ------ 

VII. 

10 

47 

Fire  limits,  notice  of  petition  to  enlarge,   -          -  - 

VII. 

13 

48 

Former  fire  limits,                      -          -          -  - 

VII. 

11 

47 

Fire  wardens,  ------ 

VII. 

2 

46 

General  fund,  ------ 

X. 

3 

53 

Grading  and  paving  streets,  - 

IV. 

22 

32 

Guardians  for  infants,  &c,  - 

IV. 

19 

31 

Gunpowder,  ------ 

VII. 

8 

47 

Health  officer's  duties,  - 

IX. 

10 

52 

Hospitals,  ------ 

IX. 

8 

51 

Infant  and  incompetent  owners,  - 

V. 

31 

41 

Injured  firemen,  - 

VII. 

7 

46 

Investment  of  sinking  fund,  - 

X. 

7 

54 

Lamp  and  fire  districts,  - 

II. 

23 

16 

Lamp  and  fire  districts,  expenses  of 

II. 

25 

17 

Laying  out  of  streets,  - 

IV. 

1 

26 

Licenses,  how  signed,  - 

Licenses,  bond  for            -          -          -          -  - 

VIII. 

7 

50 

VIII. 

9 

50 

Lien  of  assessments,        -          -          -          -  - 

IV. 

21 

32 

List  of  unpaid  taxes  and  assessments  to  be  published, 

V. 

24 

39 

Making  and  repealing  ordinances,  - 

II. 

14 

15 

Maps  of  premises  to  be  taken,  - 

IV. 

5 

27 

Mayor,  election  of           -          -          -          -  - 

III. 

11 

19 

Mayor,  duties  of                       -          -          -  - 

III. 

11 

19 

Mayor,  vacancy  in  office  of 

III. 

12 

20 

63 


Tit. 

Sec.  Page 

Members  of  common  council,  certain  disabilities, 

III. 

33 

25 

Moneys  borrowed  to  be  applied  to  specific  purposes, 

J                                                                      X  X                               X                        XX  / 

X. 

14 

55 

Mortgagees,  notice  to 

V. 

27 

40 

Newspapers  to  be  designated,  - 

X      X                                         O  7 

II. 

19 

15 

Oatb  of  office,  ------ 

III. 

28 

24 

Office  of  board  of  health.  - 

IX. 

3 

50 

Officers,  appointment  of,  - 

/        X  X  i 

III. 

24 

23 

Officers  of  police,             -          -          -          -  - 

VI. 

1 

42 

Offices  of  record,              -          -          -          -  - 

XI. 

3 

56 

Official  term  of  office,       -          -          -          -  - 

in. 

23 

23 

Ordinances,  how  passed,  - 

ii. 

10 

10 

Ordinances,  making  and  repealing  of 

ii. 

14 

15 

Ordinances,  penalties  for  violation  of  - 

ii. 

16 

15 

Ordinances,  publication  of  - 

n. 

18 

15 

Ordinances,  suits  how  brought,     -          -          -  - 

ii. 

17 

15 

Ordinances,  &c,  to  be  published  in  corporation  papers, 

i                                                       X                               XX  / 

ii. 

19 

15 

Paving  and  grading  streets,  - 

IV. 

22 

32 

Pay  of  assessors,             -          -          -          -  - 

IV. 

32 

33 

Penalty  for  not  delivering  over  books  and  papers, 

<f                                                               O                                                            X       X  7 

in. 

32 

25 

Penalty  for  erecting  buildings  contrary  to  law, 

VII. 

15 

48 

Penalties  for  violation  of  ordinances,  &c, 

II. 

16 

15 

Penalties  for  violating  rules  of  board  of  health, 

IX. 

9 

52 

Penalties  recovered  payable  into  city  treasury, 

XL 

7 

57 

Permanent  loans,                      -          -          -  - 

X. 

9 

54 

Perjury,  - 

XL 

1 

56 

Petition,  ------ 

IV. 

2 

26 

Petition,  expenses  in  case  prayer  is  denied, 

IV. 

4 

27 

Petition,  proceedings  on,         1  - 

7   x                          O  7 

IV. 

3 

27 

Physicians  to  report  cases  of  malignant  sickness, 

IX. 

5 

51 

PoUce  captains,              -          -          -          -  - 

VI. 

5 

43 

Police  captains,  duties  of  - 

VI. 

6 

43 

Police  chief,  - 

VI. 

2 

42 

Police  chief,  his  powers,             -          -  - 

VI. 

3 

42 

Police  clerk,  ------ 

VI. 

4 

42 

Police  districts,  - 

VI. 

10 

43 

Police  officers,  ------ 

VI. 

1 

42 

Policemen,          -          -          -          -          r  - 

VI. 

9 

43 

Policemen,  duties  of 

VI. 

12 

44 

Policemen  exempt  from  jury  duty,  - 

VI. 

16 

44 

Policemen  may  be  suspended  by  chief,  - 

VI. 

14 

44 

Policemen  not  to  receive  fees,  - 

VI. 

18 

45 

Policemen,  their  compensation,  ... 

7                                   X  / 

VI. 

15 

44 

Policemen  to  attend  meetings  of  common  council  and  at  elections, 

VI. 

17 

44 

Policemen  to  be  present  at  fires,  - 

X  7 

VI. 

13 

44 

Policemen,  ward,            -          -          -          -  - 

VI. 

11 

43 

Power  to  borrow  money,  -          -          -          -  - 

IX. 

11 

52 

Powers  of  aldermen,         -          -          -          -  - 

n. 

5 

9 

Powers  of  assessors,                   -          -          -  - 

IV. 

29 

33 

Powers  of  board  of  health,           -          -          -  - 

IX. 

8 

51 

President  of  board  of  assessors,     -          -          -  - 

IV. 

31 

33 

Presiding  officer  and  clerk,  - 

u. 

24 

16 

Proof  of  ordinances,                    -          -          -  - 

XI. 

5 

57 

Present  wood  buildings  may  be  repaired, 

VII. 

14 

48 

President  of  common  council,  - 

II. 

9 

10 

Property  and  debts  of  Brooklyn,  Williamsburgh  and  Bushwick, 

X. 

15 

55 

Publication  of  ordinances,            -          -          -  - 

II. 

18 

15 

Publication  of  receipts  and  expenditures, 

II. 

11 

10 

Qualification  of  aldermen,            -          -          -  - 

II. 

3 

9 

Quorum  of  common  council,  - 

II. 

8 

10 

Reassessment  for  improvements,             -          -  - 

V. 

22 

39 

64 


Tit. 

Sec. 

Page. 

Redemption  of  land,  r 

V. 

29 

41 

Rejected  assessments,      -          -          -          -  - 

V. 

21 

38 

Rejected  taxes  to  be  relevied,  - 

V. 

20 

38 

Rejection  of  taxes  for  imperfect  description, 

V. 

19 

38 

Remission  of  fines,                     -          -          -  - 

II. 

26 

17 

Remission  of  fines,          -          -          -          -  - 

III. 

19 

22 

Removal  of  houses,  - 

II. 

15 

15 

Removals,  ------ 

III. 

31 

25 

Report  of  commissioners,            -          -          -  - 

IV. 

7 

28 

Report  of  commissioners  on  sinking  fund, 

X. 

8 

54 

Report  of  committee  of  common  council  on  assessor's  report, 

IV. 

25 

32 

Report  of  crimes,                       -          -          -  - 

VI. 

8 

43 

Residue  of  lots  injured,  - 

IV. 

8 

28 

Resignations  and  vacancies,  - 
Rights  and  liabilities  of  respective  cities, 

III. 

30 

25 

XI. 

12 

58 

Rules  and  fines  for  fire  department,                  -  - 

VII. 

4 

46 

Salaries,  ------ 

III. 

29 

24 

Sale  of  lands,  ------ 

V. 

26 

40 

Saving  clause,      -          -          -  - 

XI. 

14 

58 

Service  of  process  on  boats  and  vessels,  - 

XI. 

6 

57 

Sick  persons  not  to  be  removed  from  vessels, 

IX. 

7 

51 

Sinking  fund,                                      -          -  - 

X. 

3 

53 

Special  fund,  ------ 

X. 

3 

53 

Special  powers  of  common  council,  - 

II. 

13 

11 

Stated  meetings  of  common  council,         -          -  - 

II. 

12 

11 

Statement  of  canvass,                -          -          -  - 

III. 

5 

18 

Statement  of  votes,         -          -          -          -  - 

III. 

8 

18 

Street  commissioner,        -          -          -          -  - 

III. 

14 

20 

Streets  in  first  five  wards,  - 

IV. 

34 

34 

Streets,  laying  out  of  - 

IV. 

1 

26 

Suits  for  fines,  ------ 

VII. 

17 

48 

Supervisors,  ------ 

Sureties,  ------ 

III. 

34 

26 

III. 

25 

24 

Sureties,  amount  of 

III. 

27 

24 

Sureties  of  constables,      -          -          -          -  - 

in. 

26 

24 

Suspension  of  collectors,    -          -          -          -  - 

V. 

3 

35 

Taxes  due  and  unpaid,  how  to  be  applied, 

XI. 

10 

57 

Taxes  paid  within  thirty  days,  - 

V. 

14 

37 

Taxes  paid  within  sixty  days,  - 

V. 

14 

37 

Taxes  unpaid  after  one  hundred  and  eighty  days, 

V. 

15 

37 

Taxes  unpaid  to  be  credited  to  collectors, 

V. 

16 

38 

Taxes  and  assessments,  expense  of  collection. 

V. 

8 

36 

Temporary  loans,  - 

X. 

12 

55 

Term  of  office  of  aldermen,           -          -          -  - 

II. 

5 

9 

Terms  of  office  of  common  council,  - 

II. 

6 

9 

Times  when  this  act  takes  effect,  - 

XL 

15 

59 

Treasurer,  ------ 

Treasurer  and  comptroller  may  receive  taxes, 

III. 

15 

21 

V. 

18 

3S 

Unpaid  assessments  for  want  of  jurisdiction, 

V. 

22 

39 

Unpaid  assessments  on  real  estate,  - 

V. 

23 

39 

Unpaid  taxes  to  be  credited  to  collectors, 

V. 

16 

38 

Unpaid  taxes  and  assessments,  list  of  to  be  published, 

V. 

74 

39 

Vacancies  and  resignations,  - 

III. 

30 

*5 

Vote  upon  creating  debt  or  loans,  - 

X. 

10 

$4 

Votes,  statement  of 

III. 

8 

18 

Ward  maps,  ------ 

TV. 

30 

33 

Ward  policemen,             -          -          -          -  - 

VI. 

11 

43 

Wards,  boundaries  of  - 

I.  2 

-19 

3—9 

Wards  to  be  towns,           -          -          -          -  - 

I. 

20 

9 

Warrants  of  collectors,      -          -          -          -  . 

V. 

11 

36 

( 


0 


rw  .-a 


L.  DARBEE  &  SON'S 


K.  e 


0 


PRINTING  OFFICE 


(CORNER  OF  SOUTH  FIRST  STREET.) 


ENGLISH.  FREEH  AND  GERMAN  PRINTING 


The  Proprietors  return  thanks  for  the  very  liberal  patronage  heretofore  extended 
"^S    *°  ^nemr  an<^  respectfully  solicit  a  continuance  of  the  same.    They  have  added 


^8 


to  their  establishment, 


Cto0  Cjlratar  printing  presses, 

(From  the  celebrated  Manufactory  of  R.  Hoe  &  Co.,)  which  are  driven 
They  are  consequently  enabled  to  execute  orders  for  every  variety  of 


SUCH   AS  bS^Tn 


BOOKS, 
J|5  PAMPHLETS, 
c|§  CATALOGUES, 

1        -  '  : 


CIRCULARS, 
BILL  HEADS, 
BANK  CHECKS, 


LAW  BLANKS, 
STOCK  SCRIP. 
CARPS,  LABELS, 


BALL  TICKETS, 
HANDBILLS, 
POSTERS,  **"- 


TN  THK 


(fnijlislr,  &mt\  Spnisfr  atvit  <§tmm  languages, 

With  (Jreart  Expedition,  and  at  iho.  Lowest,  Prices. 


So 


1 


> 


awry] 


